Possible Malpractice suit

[carebear36]

What is the name of your state (only U.S. law)? MO

I went to have a urethra sling put in. This was the procedure that was sling that was inserted via an incision near the urethra instead of through each leg (it's shorter). According to my husband, the procedure seem to take at least twice as long as they said it would take and they never said there were any problems.

I took 3 days off and was told that as long as I didn't do any lifting, I could go back to work that following Monday. I rested all weekend and even stopped bleeding by that Sunday. On Monday, I decided to go back to work. I basically work at a desk all day so I don't do any lifting or any excessive walking. I started to spot bleed. By Tuesday or Wednesday (Its been over a year so I'm a little vague on exact details), but I was bleeding enough that I decided to contact the dr and suggest that something was wrong.

I went into the dr and it was not my normal dr because he wasn't in. This particular dr said that he would have instructed me to take of a minimum of 5 days to recover from this surgery. He said that he would not physically check me because it would be extremely painful, but he did write me a recommendation to take the rest of the week and weekend off and if I had stopped bleedig, that I could go back to work again on that following Monday. I did as I was instructed.

That following Monday when I went back into work....I started to spot again. I called my dr and made an appt to go and see him. He mentioned that one side of my sling had slipped but that we won't know if the slip caused a problem or not until after my complete healing process which I believe which was 4-6 weeks (whatever the dr had said). I took a few more days off just ot be safe. I quit bleeding and healing seemed to be ok, but I didn't fel that my "incontinence" had made any improvements, in fact, it had gotten worse.

I went back to my final meeting with my urologist and he gave me a clean bill of health and said that I could resume normal marital functions, etc.

Soon thereafter, my first intimate time with my husband since my surgery and he said that he felt something very strange. Afterwards, I check to see what the issue was and the "sling" was actually portruding through the incision where the sling had been inserted and it felt like one of those straps that you used to secure a box from opening!! I could actually feel it!!!

I was panicked and made an immediate appointment with the urologist to alert him to my discovery. He had to perform a removal procedure soon afterward.

That procedure happened very quickly and without complications. However, I AM permanently disfigured in private area. Plus my incontinence is MUCH worse. In fact it has almost doubled the problems that I've had before.

I'm looking for a lawyer or law advice that thinks I can build a case against this urologist so that I do not have to pay for not only the first surgery that was probably done incorrectly, but I was also given incorrect after care instructions which more than likely caused me to have all of my after care problems and ultimately my costs involved with the removal procedures. Not to mention, all the embarrassment I've had to deal with on my incontinence. At least 2-3 times a week I wet myself through my pads and clothing. I go through about 4-6 pads per day. It's EXTREMELY embarassing and frustrating trying to deal with this entire issue the past 18 months.

Please give me some advice as to what I can do to at a minimum not pay for the surgeries that have caused me all this additional suffering.What is the name of your state (only U.S. law)?

[lya]

Procedures don't always work; yours did not.

You would have to prove that the surgeon did not perform the surgery correctly. I believe it would be most difficult to prove.

Damages would be even more difficult to prove. You were incontinent before the surgery and the condition would have worsened with time; and, it has.

As for disfigured in your private area: who is going to see it? how is it damaging? (please don't answer these questions; they are rhetorical)

Being allowed to return to work after X amount of days may very well be within the standard. Simply because another physician would have excused you from work for X + Y days does not mean the original out-of-work period was negligent.

At least a year has passed since you knew there was a problem. That means one year of the statute of limitations has most likely expired. You may only have part of a year left in the statute of limitations. For that reason, I suggest you consult with a medmal attorney.

I do not believe the description of events indicates any act of negligence/malpractice.

[carebear36]

Thank you for your thoughts. I will tell you that the dr did inform me that he had never performed this particular type of surgery before, but that he had seen it done several times and a few other drs in his "practice" are also familiar with it, but I don't know that any of them had ACTUALLY performed this particular type of procedure. Having said this, would it be possible that the dr started on the procedure thinking that he had his process down, but because of his lack of knowledge in this procedure did not perform the procedure well enough to resolve the initial problem and therefore cause my problems to become worse, or at least NOT FIXED? I mean, if I tell you I can fix this, I've seen it done on TV or seen a friend do it and then I get in there and realize it's a little more complicated so I do the best I can, but it wasn't done properly and therefore causes other issues or complications, wouldn't you want it resolved or some compensation for the situation.

If you ask to have your car's oil changed and a new or inexperience technician forgets to put the drain plug in tightly, fills it with oil, sends you on your way, and before you get home, the drain plug comes loose and all the oil drains out and blows your engine, isn't that considered negelect and you should have your car repaired for free or at a BARE minimum have your oil change refunded or voided? I would think so. That's what I'm saying is the case. I don't know that the surgeon had the knowledge/experience for this particular type of procedure and didn't properly execute the steps and caused something to come loose therefore causing additional complications.

I will see an additional advice from a medmal attorney. Do you think that I will be able to request all the notes regarding ALL of my surgical procedures and meetings with this dr? I want to know if there were any complications, etc, and I'm afraid that his notes might not state any complications.

Thank you.



Thank you.

Carebear36