Vagus nerve damage
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Vagus nerve damage
I had part of my stomach and esophagus removed as part of my cancer treatment. The surgeon damaged my spleen and possibly my vagus nerve. I was diagnosed with gastroparesis after the surgery. Before surgery I asked the surgeon about my quality of life after this surgery. He stated that I’m young and healthy so I shouldn’t have any problems. I also asked about not having the surgery and his response was that the last guy that refused surgery was dead in 6 months. We went over complications and risks but never mentioned gastroparesis. My life now is miserable. I’m sick every day and on a feeding tube. I can’t hold down food. This is the way I will be the rest of my life. Do I have a case?
Asked on December 11, 2016 under Malpractice Law, Indiana
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 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). It would be advisable to be examined by another doctor, who could write a report supporting your malpractice claim.
Prior to filing a lawsuit for negligence against the surgeon, it may be possible to settle the case with the surgeon's malpractice insurance carrier. Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your condition 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 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 surgeon.
If the case is NOT settled, your lawsuit for negligence against the surgeon must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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