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do I have a law suit & if so who do I sue? help plz

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heatherdusten

Junior Member
I had a laparoscopy done re: my endometriosis Feb 4th, 2013 at a local hospital. When I woke up in recovery I was greeted by my husban, Doctor & medical director. Confused on why the medical director was there at 1st, then the doctor explained what happened. The doctor said the laser tool malfunctioned & it burned my fallopian tube. The doctor wants to go back in via surgery in 1-2 months to check my fallopian tube. I understand I did not die & there's still a chance I can have kids with 1 fallopian tube BUT I dont feel like I should have gone through that. 1 hour surgery turned into 3.5. I was told 1-2 insicojns which turned into 4. Very sore after wards. I can still be harder to have kids with 1 fallopian tube versus 2. I called 2 attorneys & they said because I wouldn't win much money, not worth going to court & pursue it because I wouldn't end winning anything after court fees & etc. I know I have a case, they messed up if you ask me. Do I really not have a case?? Also, I'm not looking for a million dollars so can I talk with the medical director about compensation since she said to call her with Any questions or how do I handle this case? Also, who would I sue?

The medical director offered they pay for the future surgery instead of my insurance but I dont have any copays so that doesn't benefit me at all. My insurance is willing to pay for future surgeries.
 


Proserpina

Senior Member
I had a laparoscopy done re: my endometriosis Feb 4th, 2013 at a local hospital. When I woke up in recovery I was greeted by my husban, Doctor & medical director. Confused on why the medical director was there at 1st, then the doctor explained what happened. The doctor said the laser tool malfunctioned & it burned my fallopian tube. The doctor wants to go back in via surgery in 1-2 months to check my fallopian tube. I understand I did not die & there's still a chance I can have kids with 1 fallopian tube BUT I dont feel like I should have gone through that. 1 hour surgery turned into 3.5. I was told 1-2 insicojns which turned into 4. Very sore after wards. I can still be harder to have kids with 1 fallopian tube versus 2. I called 2 attorneys & they said because I wouldn't win much money, not worth going to court & pursue it because I wouldn't end winning anything after court fees & etc. I know I have a case, they messed up if you ask me. Do I really not have a case?? Also, I'm not looking for a million dollars so can I talk with the medical director about compensation since she said to call her with Any questions or how do I handle this case? Also, who would I sue?

The medical director offered they pay for the future surgery instead of my insurance but I dont have any copays so that doesn't benefit me at all. My insurance is willing to pay for future surgeries.

The informed consent form that you signed before the surgery probably mentioned the possibility of complications.

If you've spoken to 2 attorneys who won't take the case that really does suggest that you don't have a case worth litigating.
 

You Are Guilty

Senior Member
Sounds more like there are not enough in the way of established damages to interest a lawyer. OP, surely there are more than 2 lawyers in your area. Try speaking to a few more. If what I am reading about the legal market is correct, eventually, you should find someone interested in taking the case. (Just make sure its on contingency only).
 

ecmst12

Senior Member
I would start with having them pay for all follow up surgeries, and if your tube is damaged beyond repair, make sure they will pay for any fertility treatment you may need in the future. You may not have a FINANCIALLY viable case to sue, but it still sounds like the hospital is willing to make things right for you.
 

Gail in Georgia

Senior Member
There is an excellent chance for continued fertility, even if this fallopian tube is so damaged that it can no longer function. I'm assuming you have another perfectly normal fallopian tube.

Gail
 

justin1

Junior Member
Since the medical director offers to pay for the future surgery you don't stand a good case although you can definitely sue them for the damages. Get in touch with some experienced lawyers.
 

heatherdusten

Junior Member
Update: Was NOT a tool malfunction. I spoke with the Dr again & the medical director & they are saying they forgot to put the "Sheath" which is like a Shield on the laser tool they used which in return burned my fallopian tube. You would think I can get something. Yes you can get prego with 1 fallopian tube But chances are a little smaller Plus they flat out messed up. I should get something for that.
 

heatherdusten

Junior Member
And I did find an attorney that would take my case. I would just rather do it my self & receive smaller compensation. Like write them a demand letter or something. Any advise on that because attorneys take a huge cut
 

ecmst12

Senior Member
You don't have the first clue how to proceed. Malpractice cases are complicated, and even though yours isn't going to go to trial most likely, you still want a lawyer to do things the right way.
 

Mass_Shyster

Senior Member
Write the demand letter and wait for an offer. If you don't like it, go to a lawyer to see if you can net more. The local ambulance chaser claims people with lawyers on average collect three times as much as those without.
 

You Are Guilty

Senior Member
There is nothing wrong with sending a demand letter yourself (assuming you don't say anything in it that can be used against you in a later lawsuit that is). You can probably find tons of samples on google.

If you want to actually institute and/or prosecute your own med mal case, then a) neither this, nor any other internet forum is has the help you need, and b) good luck, you're going to need tons of it.
 

Cappuccino

Junior Member
The informed consent form that you signed before the surgery probably mentioned the possibility of complications.
Ah beat me to it!

Update: Was NOT a tool malfunction. I spoke with the Dr again & the medical director & they are saying they forgot to put the "Sheath" which is like a Shield on the laser tool
Aside from the others above talking about you getting the follow up surgeries paid for, I dont think I would attempt to sue for any "$Millions of bucks" you feel your emotional stress owes you.

I work as a Nurse in a hospital, and I can tell you countless stories of people that DESERVED the malpractice suit. Tools left inside, KNOWN allergies to prescribed med/creams used during surgery. Brain damage, severe scaring... The list goes on and ON. Not one damn person got their "malpractice" because the hospital insurance defense used the trump card: "Did he die?" everyone got denied or was only offered follow up's to be covered.

Malpractice is HARD to win! Not trying to discourage you or tell you it cant be done, but it will be a hurtful long drawn out battle for you to even break even. I wish you good luck but it sounds like youve done some homework with the "Did she die?" line... I can also see your case being shot a Ace in the hole with "Informed consent was signed and understood" Ugh your whole situation sucks! Heck your lawyer could counter with "Malpractice is defined as someone deliberately doing something unwanted/out of scope of practice (removing the sheath).

I wish you luck in your quest should you continue it. For me you will be fighting for all of those families who were denied malpractice suits because of "Did he die?" Im sure ANY nurse/doc/medical responder can tell you many stories such as the ones Ive just told you.
 

Proserpina

Senior Member
Death is not a requirement for a successful PI or malpractice claim.

See Redux/Pondimin et al.

(And in some cases, death is completely irrelevant in terms of assessing damages)
 

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