Can I sue regarding an injury suffered during my surgery?

UPDATED: Sep 30, 2022

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Can I sue regarding an injury suffered during my surgery?

I had my prostate removed about 9 months ago by the Da Vinci robot. After having catheter removed, my doctor told me that he had punchered my bladder. I have been wearing adult diapers ever since due to incontinence, changing diapers 2-3 times a day. I wasn’t told that this would have been a possibility. Can youtell me if I may have a case?

Asked on December 20, 2016 under Malpractice Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

While we cannot say for certain that you would win (or exactly what the odds are), based on what you write, you do seem to have a cognizable case, or a case which you can file and bring. This was one or both of the following, either of which could constitute malpractice:
1) It's unusual to do this and it's not a common risk, in which case puncturing your bladder would seem to be the result of malpractice, or negligent/careless medical care; and/or
2) It is a common risk with occurs with some frequency, in which case failing to advise you of this risk would  be negligent or careless. Doctors have a duty to advise patients of foreseeable, reasonable, or likely risks, and so not doing that violates standards of care the same way that poor surgical performance does.
Based on what you write, and considering the consequence you describe (which could potentially led to a significant judgment or award), it would be worthwhile consulting in person with an experienced medical malpractice attorney. Good luck.

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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