If I was in surgery for a hital hernia and it wasn’t fixed, can I sue to get my money back?

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If I was in surgery for a hital hernia and it wasn’t fixed, can I sue to get my money back?

I have to have another surgery.

Asked on November 30, 2012 under Malpractice Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Medicine is not perfect--sometimes everything is done right, but the procedure is not successful. When that happens, the patient has no right to compensation or a refund. Only if the doctors or other care providers were negligent--or unreasonably careless, for medical care providers--or the care otherwise did not rise to the expected level of care, would malpractice have been committed; and only if malpractice were committed, would the patient have a viable claim for compensation.


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