Do I have a case if the surgical staples poke holes in my colon and I had to be rushed in for emergency surgery?
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Do I have a case if the surgical staples poke holes in my colon and I had to be rushed in for emergency surgery?
I had emergency surgery for an appendectomy which turned to gangrene roughly a week later. When they remove the drain from my abdomen, feces started pouring from my side as the surgical staples poked holes in my colon. This caused me to go through immediate exploratory surgery to remove part of my colon and save my life.
Asked on April 23, 2017 under Malpractice Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Medical malpractice is negligence.
Prior to filing a lawsuit for negligence against the doctor and hospital where the emergency surgery occurred, it may be possible to settle the case when you are declared to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated. Then, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the malpractice insurance carriers for the doctor and hospital should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document your 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 insurance carriers for the doctor and hospital, NO lawsuit is filed.
If you are dissatisfied with the settlement offers from the insurance carriers, reject them and file a lawsuit for negligence against the doctor and hospital.
If the case is settled with one, but not both parties (doctor and hospital), only name the party with whom the case has not settled as a defendant in your lawsuit.
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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