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Do I have a case?
Anonymous2 views3 answers
I was diagnosed with a collon cancer back in December. The doctor told me I had to have a tumor from my collon removed, so I had surgery. Couple months later I have developed an incisional hernia. I went back to the surgeon and he told me that I had to have another surgery to get it fixed. I had surgery again and now I have incisional hernia once more. I have followed all of doctors orders, rested after surgery, went to every appointment, even stayed at a hospital for 4 days after surgery due to an infection...which I got at the hospital. The same surgeon has done all the surgeries on me and all of them have turned out with incisional hernia. Would this be classified as malpractice? Do I have a case? What should I do?
Robert A. StumpfBankruptcy AttorneyStaten Island, NY ·
Maybe it's posible that an incisional hernia is an inevitable byproduct of your colon surgery. I have no idea, but malpractice is a higher standard than merely something going wrong. I think you should speak to a medical malpractice lawyer and possible have another physician assess your situation to get a better idea of your options.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Perhaps, but a lawyer would have to order the medical records and send to an expert to review to ascertain whether there was a breach of the standard of care.
I am curious whether there was a doctor who failed to diagnose the cancer, as that would be a better case.
The answer does not create an attorney-client relationship and is for informational purposes only.
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Hernia recurrence following surgery is considered an accepted complication of the procedure, so it is not likely that you have a viable case. Additionally, assuming the second hernia was repairable, you probably do not have a financially viable case. If you do want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free.
