Do I have grounds for a lawsuit against my surgeon?

UPDATED: Oct 1, 2022

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Do I have grounds for a lawsuit against my surgeon?

I recently was diagnosed with severe PCOS by my OBGYN , shortly after my diagnosis the doctor did one singular ultrasound , and diagnosed me with having a large ovarian mass. I was denied a biopsy , laparoscopic procedure or more testing. The doctor resorted straight to major surgery similar to a hysterectomy, once I was opened up it was found that there was no ovarian mass and my surgery was entirely unnecessary. After finding this my docter was extremely rude with me and my family in front of multiple witnesses , and proceeded to mix up my medication for 6 hours after I woke up from anesthesia. Because of me being unhappy with the situation the doctor became

progressively more rude and attempted to prematurely discharge me from the hospital only a mere 2 hours after I was operated on, when protocol for my procedure is staying in the hospital for 1-2 days post op. I am in extreme pain recovering from this surgery and it has hurt my mental health. The office is ignoring my calls aswell. He failed to order the proper testing and misdiagnosed me, leading to this completely unessecary procedure. Now I am unable to work or go to classes because i am immobile ,and will be healing for 120 days. I’m looking to file a lawsuit against my OBGYN , his

practice or his operating hospital.

Asked on November 21, 2017 under Malpractice Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 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 your 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 malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your medical condition and treatment, and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
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 doctor.
If the case is NOT settled, your lawsuit 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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