Should I press charges for still having my gallbladder after it was supposed to have been taken out?

UPDATED: Sep 30, 2022

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Should I press charges for still having my gallbladder after it was supposed to have been taken out?

I supposedly had my gallbladder removed 8 years ago due to continual pain. I had an open gallbladder removal. They even removed my liver from my body to have a good look for my gallbladder. I have

been having pain again for an extended period of time. I have been seeing my family doctor about it who recently sent me to a GI who ran a handful of tests which showed a fluid collection where my gallbladder use to be. He sent me to a surgeon to further examine the gallbladder fossa. The surgeon ran a HIDA scan which shows I have a large, inflamed gallbladder. I am scheduled to have my gallbladder removed next month. Should I pursue a medical malpractice lawsuit?

Asked on April 21, 2017 under Malpractice Law, Pennsylvania


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 the doctor who did not remove your gallbladder despite claims to the contrary, it may be possible to settle the case with his/her malpractice insurance carrier.
Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports from that doctor and your current doctor showing your gallbladder was not removed, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document your ailment, condition and treatment and will be 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 doctor's 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 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.

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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