Liability For Misrepresented Medical Procedure?

[Dentin]

I live in Virginia, and this is where the following incident took place almost 2 weeks ago:

I had an operation for a urethral stricture called a urethroplasty.. It was told to me that skin would be removed from my inner mouth cheek to use for a graft on my urethra in the procedure. The day before the procedure I had the surgeon personally check the inside cheek skin to ensure that it was appropriate. Fast forward to after the procedure: I wake up and find that the surgeon has removed a ring of of skin from my penis about 3/4" to 1" down from the head(very painful, obviously). A process I certainly would not have approved(in fact this would have made me decide not to get this OPTIONAL medical urethraplasty surgery). When I questioned the surgeon, he states that in the operating room he decided that I had enough extra skin on my [already circumisized] penis and decided to use it. That was his 'reason' in it's entirety when I asked. Is a case possible against this surgeon or the hospital(he is a resident)? This is upsetting to say the least, as well as extremely painful. I can't give any information on possible cosmetic or functional effects this may have had, since at this point I am still recovering and the only thing that I feel is pain at this point.

Thanks for any info.

-Chris

[Cynric]

You may have an action against him theoretically as it does not seem you gave informed consent to the proedure he performed.

Whether this is viable economically is another issue? Since the average malpractice case can cost $100,000 to get to trial the damages may not be large enough to encourage a contingency attorney to take the case.(Dr's lobbies are very strong these days). Ordinary malpractice without permanent injury is simply not practically actionable.

I'd advise you to contact and experienced personal injury attorney in Virginia immediately. The statute of limitations varies from state to state but can be as short as 1 year and sometimes claims statutes make the period even less.

Do not delay.

Ed Smith

800-404-5400