wrong surgery was performed
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wrong surgery was performed
I went in on August 20 th to have my gallbladder removal surgery. The doctor said it was successful but I needed up back in the hospital only to find out that I still have my gallbladder and the doctor actually had taken pieces of my liver out instead. This has left me with a tube drainage in my body for almost 5 months.
Asked on December 14, 2016 under Malpractice Law, California
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 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 against the doctor, it may be possible to settle the case with the doctor'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 medical 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 doctor.
If the case is NOT settled, your lawsuit for negligence 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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