I recently underwent a surgery that was scheduled a laproscopy with removal of adhesions and an appendectomy. The surgeon opened my belly part way into the surgery to gain better access. When i woke, i was having significant pain. I asked what had happened with my appendix and was told by a couple of nurses,"it was fine" and then by the surgeon that it looked fine so she didn't take it out. I was very confused as the pre-operative plan was to remove the appendix no matter what. i was kept overnight and by the next day i started to have a great deal of swelling on the right side of my lower belly. i showed several nurses as well as the Dr. who was covering that day and they all told me it was "fine", "normal from the gas used in laproscopic surgery" although it was only on one side. By the next day my original surgeon finally came to see me and i told her I was having extreme pain and I was very concerned about the swelling on the right side in my belly. She took one look and said,"uh-oh" and sent me down immediately to cat scan. when I returned to my room she came back in and said she wanted to be honest with me. She said " I didn't perform the appendectomy not because it looked fine, I really didn't even look at it. I didn't perform the appendectomy because I forgot." She went on to say the nurse hadn't written appendectomy down on some board in the or but, she took full responsibility for forgetting as she knew that she that was the second part of my surgery. She went on to tell me that the bulge on the right side of my belly was because the internal incision had completely opened and the bulge was my guts and we had to go back to the or asap. So she re-opened my belly, removed my appendix and closed my belly properly. After this surgery she said,"it was really strange. It wasn't as if the stitches ripped, they were just totally undone like i hadn't tied them off properly." !!!!! I then spent 5 more days in the hospital recovering. The pathology eventually came back on my appendix, and I had acute appendicitis!!!! I am angry, still in pain and feeling quite vulnerable. Is this something that is fair to pursue legally? I am not a litigious person, I wouldn't sue for an ordinary problem. But, this surgeons mistakes go WAY beyond what I would consider reasonable.
Anyone with a legal background, especially with knowledge of medical malpractice, I would really appreciate any insight you could give me. Thanks
EDIT- Believe me I was taken aback (to say the least) when she admitted that she "forgot' to remove my appendix and later when she said "i guess i must not have tied the sutures off properly, they were just totally undone!" I talked to my regular Dr. once I was home and she had called the surgeon to find out what had happened and she had told her the same thing !! My dr. was astonished the surgeon had admitted all of it to me, but, more upset that it had happened in the first place.
Additional- Snorkel Susie, This may seem "unbelievable" to you but, is as concise and exact report of what occurred as i can give in this forum. When I spoke with my gynecologist, who had referred me to this surgeon, and told her the above story-she felt doubtful at first, too. Then she called the surgeon who confirmed exactly what i have said. also, my Dr. accessed all surgical, labs and pathology reports to try and make sense out of this strange,but true terrible occurrence. I wasn't looking to make you believe me, I was looking for anyone with either a medical or legal background who might share some insight or advice.
P.S. She did lie to me initially, after the first surgery when she forgot to take the appendix out when I asked her directly what had happened with my appendix she said," Oh, it looked fine." It wasn't until after my belly swelled out and it became obvious that i was going to have to have another surgery that she was honest. Her exact words were, "I feel badly but, I want to be honest with you. It wasn't because your appendix looked fine that I didn't remove it, it was because i just totally forgot." she then went on to tell me that I needed this additional surgery and that she felt like she needed to be honest because she would understand if I had lost faith in her as a surgeon, and would want someone else.
bookish
When I was in college, I had a job typing up malpractice investigation reports. Of course, I'm no lawyer, but I wanted to share what little I do know about this.
What I do know is that if you send a letter to your doctor and the hospital expressing dissatisfaction with the treatment, they MUST forward it to their insurance carrier. The insurance company will then begin an investigation.
I'm frankly surprised that a doctor would flat-out admit to screwing up like that. And, since it's not in writing, she may well deny it when the time comes. But, believe me, I saw people sue for much less than this. Most likely the insurance company will offer you a settlement. They don't want this to come to trial.
RomeyM
Well I don't have either types of experience you are asking for but I am a nurse. I find it hard to believe she admitted to such gross negligence but you are lucky she did. I would say you may have a legal case against her. Be forewarned it is extremely difficult to win a medical malpractice lawsuit. As I have said before I have spent my entire adult life around doctors and I have seen the worst of them immune to malpractice lawsuits. If you are going to pursue this get an excellent attorney that works on contingency or you will be out a lot of money.
snorkel_susie
i have a hard time believing this because no doctor is going to set thereself up for malpractice. If she forgot she would have lied and told you something else happened.
maxmom56
You have a case. Get a good malpractice firm.
Orignal From: Tips: Anyone familiar with medical malpractice?
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