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Do I have a case for medical malpractice?
I had a partial hysterectomy in 2010 due to bad endometriosis. Since the surgery I have had cysts and other issues. Now I have to have another partial hysterectomy because of issues. Do I have a good case for malpractice?
3 Answers
- 8 years agoFavorite Answer
It does not sound like it. To prove malpractice you have to prove that the doctor was negligent and you were harmed by the negligence.
You had a partial hysterectomy and your physician tried to be conservative and not remove more than was needed. It's now clear that you need another procedure - having to go under the knife twice is not ideal but nether is having more aggressive treatment than required.
Unless it was clear your doctor should have been more aggressive and you were harmed by it (having another surgey is not considered harm) you don't have a case.
Source(s): http://insurephysicians.com/ - QLv 78 years ago
Not at all--there's no malpractice here. Having surgery doesn't guarantee the results you want. You're having problems not as a result of the surgery, but as a result of your endometriosis and your own body's health problems. Those are not the fault of the doctor. Perhaps you think that your doctor should have removed all of your organs in the first surgery and then you wouldn't have these problems now? Well, that's not the recommended procedure. You'd have different, worse problems had the doctor done that. You'll see that after you've had this second surgery. Having your ovaries removed at a young age causes all kinds of problems.
- MikeTLLv 68 years ago
No you dont. I suggest you look up the definition of malpractice as it applies to mistakes - not to in effective treatments