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Routine surgery but dr nicked an artery do I have a case...?

  
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Routine surgery but dr nicked an artery do I have a case...?

Postby abraham90 » Tue Dec 13, 2011 1:20 pm

A couple of weeks ago I had a hysterectomy done by robotic laparoscopy. Dr thought it was a good choice since it's a shorter and more pain free recovery. I have two children ages 6 months and 7 years old. So the shorter the better. During surgery when she was cutting through some scar tissue she nicked my artery. They called in a vascular surgeon and cut me from an inch under my breastbone to my pubic bone. Had 30 staples. So instead of 4 small incisions I now have 4 small incisions plus a large one. I also had to have a blood transfusion. My hemoglobin was down to 5. I lost a lot of blood during the procedure. I am on government insurance right now and was not employed before the surgery. I wanted to ask for some legal advice as in do I have a medical malpractice law suite? And now my incision is infected as well. I have had over 10 laparscopies procedures and have never dealt with this before. Any advice is greatly appreciated! Thank you!
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Routine surgery but dr nicked an artery do I have a case...?

Postby matyas » Tue Dec 13, 2011 1:21 pm

It appears you have a case and I suggest you contact a personal injury attorney near where you live who has had a lot of experience in medical injury cases as you want someone who is experienced. You may ask the local bar association for references. I suggest you phone them during the week and tell them exactly what happened. While you still have some facts in your mind I suggest you write down names, dates, who, where and why everything took place with you as the more information you have the easier it will be for the attorney to put the case together. This is a clear case of medical malpractice and you will win the case because you are permanently disfigured due to the doctor nicking your artery. The doctor knew at the time she was cutting through scar tissue and there is no excuse for proceeding without knowing where the artery was and even were she to know where the artery was she should have proceeded more cautiously so as to not nick an artery. This is sloppy surgery as every doctor learns this early in medical school so they are always watchful and don't make such mistakes. You are also suffering because your incision became infected and the infection was probably contacted in the hospital as hospitals have been shown to be the place where most infections are contacted when one has surgery. You should also be entitled to punitive damages and the attorney you contact will tell you all about this. I suggest you listen to any attorney you interview and use your female intuition to help you figure if the attorney is capable and willing to pursue your case. Look at the attorney's eyes when the attorney speaks with you and see if the attorney looks into your eyes also, as were the attorney to do so it is more likely the attorney is telling the truth and will faithfully represent you. You are not alone as many other people have been hurt in surgery. The doctor's malpractice insurance and/or the hospital will pay the claim so the doctor won't have to pay it out of her own pocket. Whether you know it or not, they almost killed you, and if sepsis sets in due to the infection they may succeed in doing so.
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Routine surgery but dr nicked an artery do I have a case...?

Postby bing49 » Tue Dec 13, 2011 1:29 pm

It is possible you have a claim. Be aware however,that if your procedure was paid for by the government,they will take their cost out of any award you win before you see a penny of it.
Consult a lawyer,first consultations are usually free,
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Routine surgery but dr nicked an artery do I have a case...?

Postby corcoran42 » Tue Dec 13, 2011 1:35 pm

Are you permanently damaged? And, why is the infection their fault? it's been weeks, you should be the one taking care of it.
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Routine surgery but dr nicked an artery do I have a case...?

Postby cadby » Tue Dec 13, 2011 1:50 pm

If they charged you, yes!
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