Perforated Colon during Hernia repair.Is this malpractice?
WEEZ asked:
I had a Lap choly and hernia repair. The surgeon nicked my colon 3 times and I got septic and peritonitis. I was wondering if this is considered malpractice. I had cervical cancer and had radiation damage 13 yrs ago and had a hysterectomy. I also had a C-section 12 years ago. According to what I read, Laparoscopic surgery should not have been attempted. Anyone know whether this is a breach of standard of care?
I am still having a lot of problems 1 year later. I have lost my job and insurance and cannot work yet.
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Surgery is hard. No one is perfect.
Just be glad you’re ok now.
Yes, that is a breach of the standard of care. In order to have a case of malpractice, you must prove 4 elements. They are, a duty to act, which he did have, as your doctor. You must prove Breach of duty, which is evident by the gross mishandling of your surgery. You must prove damages, which did in fact occur if you can prove your peritonitis and sepsis were a direct result of the surgery ( sounds like it was). You must prove causation, showing that the surgeon caused the nicked colon in the first place. Sounds like you have a pretty good case. you should consult a Legal Nurse Consultant and a Lawyer. Good Luck !
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It sure sounds like a careless surgeon to me!
Bambi up there is no Bimbo.. she gives you very straight up wise advice.