What can I do if I was supposed to have laproscopic surgery but the doctor cut bile ductso they had to open me up?

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What can I do if I was supposed to have laproscopic surgery but the doctor cut bile ductso they had to open me up?

I was suppose to have laproscopic surgery to remove my gallbladder. During the operation the doctor cut a bile duct and had to switch to a open procedure. I have had a few complications and also of course a 8-9 inch scar across my stomach. This occurred over 2 months ago. I still am not feeling 100% and now the hospital is starting to call about bills and such. Is there anything I can do to help cover medical cost and maybe even recover some lost wages?

Asked on March 13, 2012 under Malpractice Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Speak with a medical malpractice attorney. Malpractice is when a doctor or other medical care provider provides care which is not up to accepted standards; cutting a bile duct by accident could easily consitute malpractice.  When malpractice is committed, the doctor, hospital, clinic, etc. could potentially be liable for additional medical costs (such as to deal with complications, or from a prolonged recovery or more involved procedure); lost wages (if any); and, when there is prolonged or significant pain, disability, etc., for pain and suffering as well. Therefore, it is possible that you have potentially significant claims which could, as a minimum, provide an offset versus what you owe the hospital.


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