What can I do?

What is the name of your state? Missouri

Hi,

I'm not sure what I can do so I will state my case. On December 30, 2002 I went in for a hysterectomy. There were bladder complications and I wore a catheter for 1 week. I was also put on bladder spasm medication. When the meds were finishied I started leaking. I called my ob and he sent me to a urologist who did some testing and told me I had a two holes in my bladder. Surgery to fix was done on March 11, 2003. At my two week checkup I told him I was having alot of pain with the catheter he said no problem and did nothing. Three days later I called his office and told him the pain was accute and i couldn't sit, stand or lay down without the catheter hurting me and that I was coughing, etc coming down with a cold. He prescibed me a numbing cream and Oxybutynin 5 mgs which increased the dry mouth. This was on a Friday. Monday night at 8:55 I stood up and gushed all around the catheter. I called his office left 2 messages but received no return call. Tuesday am I called and told his secretary what was going on and he increased the meds to 15 mgs a day. Also informed her I was running fever with cold, etc. By Wednesday evening pain was back and flooding around catheter so I called again, no return call so at 7 pm I finally said enough is enough and took the catheter out. This was 3 weeks and 1 day after surgery. I went in to see him at 1 pm on Thursday. He told me that he hoped I didn't destroy any work that he had done (the catheter was taken out 6 days earlier than he wanted. When he looked at me he said "What have you done!" When I asked what was wrong he replied "Nothing". He also told me I would have to wear the catheter another 3 weeks. Well the next day the leakage around the new catheter started yet again. On Friday I called my obgyn because I new there should be no leaking or pain. I went in to see him the following Wednesday. He said everything was healing nicely and that it had been 4 weeks and the catheter shouldn't be in longer than that and definitely not 6 weeks becaue my bladder would start becoming dependent on it. He took the catheter out. I still had leakage. At six week check up the ob told me the hole had healed perfectly and that something wasn't right because there should be no leagage and that I might need a sling. I informed him again that no way was I going back to the urologist after the way I was treated. Did I mention the urologist told me that when I left I should go to a church drop to my knees and pray that I hadn't destroyed his work? That I should have called him and told him I was so sick and that he prescired me 2 antibiotics that covered baterial and viral? So my obgyn gives me the name of leading urologist in country. I saw him on June 5th. I was assuming I would be told I needed a sling...was informed instead that there was a hole in my bladder! This hold is in very delicate area...right above the right euretha. He said it was risky but that he could fix it but might have to cut me instead of going vaginal. I have lived in diapers now since my first surgery. I asked him how and when did I get this hole and he replied "During your hysterectomy". I was also informed by my husband and my ob that only ONE hole was fixed during 2nd operation and I said "ONE? You mean two, I had two holes" they said no only one.

Do I have a legal case here? If so what should I do? If not what can I do to let this man know what he has done to me and my life. I can't go anywhere without wearing 2 diapers and even then it's risky. I have been humiliated so many times by having Accidents in public that it's hard to go anywhere. I'm all of 41 and this has literally stopped my life and we don't even what to talk about what it's done to me mentally. Everyone tells me I've changed and I know I have. I'm very cinical now to me life isn't even fun anymore. Any help you can give me would be greatly appreciated.

Thank you
Mylon

[ellencee]

The statute of limitations will apply to your situation and you have given no dates.

More likely than not, if any act of negligence occurred, it was during the hysterectomy and not afterwards.

I think you are wanting to sue the urologist and not the OB, yet the OB performed the hysterectomy and the hysterectomy is the cause of the bladder's having two holes.

You had many options for receiving the care you needed; ie--going to the ER, going to the OB, not diagnosing yourself as having a cold, etc. You removed the catheter and could have ruined the repairs made by the urologist. These factors may impact any claim of negligence or malpractice.

Your situation is too complicated for this forum. You need to speak with an medmal attorney in your area.

Keep in mind that although these problems occurred, no one may have committed an act of negligence.

Best wishes,
EC

You should certainly see a good malpractice lawyer. Your statute of limtations will start with your LAST visit to the ob if you intend to sue him. Or the last visit to the urologist if he is the butt of your lawsuit. Your lawyer will probably sue both and will say all the harm began with the hysterectomy. Was this hysterectomy a viginal or a laparoscopic, or an abdominal. You don't say, but my guess is you are talking about a laparoscopic. Your bladder may have been burned during the surgery if it was a laparoscopic. If it was vaginal, then your bladder could have been knicked by the knife.
You may not have been justified in pulling the catheter yourself, but no one is going to hold that against you if the doctors' records are honest and show all your telephone calls and visits.
Now is not the time to wonder what happened. Find a good lawyer. Ask your Bar Association for help on that. Or run your fingers down the Yellow Pages and see several. Pick out an old guy who wins trials, and does not always say "our settlement". That will indicate a guy who's afraid to go to trial.

Yes the holes occured during the hysterectomy...he had a urologist there to do any bladder damage that might occur. I had a vaginal done.

The 2nd urologist was suppose to repair the holes. According to the urologist I'm going to now, the 2nd guy only repaired one hole and that is healed, but he failed to repair the other hole. He feels it was because of the area of the hole in my bladder, but that he should have said something before putting me through another surgery if he didn't feel capable of doing a full repair. Now I'm getting ready to go for my 3rd surgery.

Also according to this urologist 4 weeks is maximum for a catheter to be in...even this surgery I will only wear it for 3 weeks, but yet the 2nd wanted me to wear it for six weeks, he original said 4 and that was how long I actually did have it except for 1 night, which is was confimed by my ob and my urologist now that there was no damage done by me pulling it. Thank you for your input and I will get a attorney after I get my records from my ob who is in turn getting them from the 1st and 2nd urologist.

I can accept that fact that a mistake was made during the 1st surgery, but when you get a 2nd doctor to repair that damange and he fails to do so, well I have a hard time with that. Again thank you for you input and help.

Mylon