Do I have a case if my doctor made a mistake during my hysterectomy?
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Do I have a case if my doctor made a mistake during my hysterectomy?
About 8 days after I had my total abdominal hysterectomy, I developed a vesicovaginal fistula. Upon exam with my doctor, he was so rattled by the idea that I had developed this that he gave me his personal cell phone number and set up an immediate cystogram at the hospital, which confirmed the fistula. I left the hospital with a catheter, which was in place at home for a week until I was able to see the urologist. When I met with the urologist it was explained that I could have long term incontinence and issues from the fistula and would require more surgery to try to repair it, which isn’t guaranteed. Although I like my GYN, I feel that as a single mother of 2 children, I need to take steps to get the additional medical expenses taken care of. Not to mention, my short term disability is half of what I normally get
paid and I could be at risk of not being able to pay my mortgage and other monthly expenses. How do I get help?
Asked on October 4, 2016 under Malpractice Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with his malpractice insurance carrier. Obtain your medical bills, medical reports and documentation of wage loss. Your claim filed with the gynecologist's malpractice insurance carrier should include those items. If you are planning on getting additional medical treatment, you should wait to file your claim until you have all medical bills, medical reports and total wage loss after either completion of your medical treatment or being declared permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated. Your claim filed with the malpractice insurance carrier should include those items (total medical bills, all medical reports and total wage loss).
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the gynecologist.
If the case is NOT settled, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
If additional medical treatment occurs with the statute of limitations approaching, you should file the lawsuit for negligence because if the statute of limitations expires, you will lose your rights forever in the matter.
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