Do I have a good enough case to proceed with legal action?
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Do I have a good enough case to proceed with legal action?
I had to have a double hernia surgery two years ago durring this
operation the dr accidentally gave me a vasectomy and had to re attach
the tubing to my left testicle after the swelling went away everything
seemed fine but a year later the hernia came back on the left side and I
had to have it repaired again everything seemed normal except for the
immense pain I had the Dr recheck me and he said everything was fine but
after the swelling went down it caused my left testicle to almost
disappear what the dr calls testicular atrophy and now it has effected
my performance and mentally destroyed me I am only 34 years old. I had
depression problems before but I feel this has caused it to be much more
severe
Asked on April 6, 2017 under Malpractice Law, Tennessee
Answers:
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 for negligence, 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 if applicable, documentation of wage loss. It would also be advisable to see a psychologist or psychiatrist, who could write a medical report about your depression and provide medical treatment.
Compensation for the medical bills is straight reimbursement.The medical reports will document your injuries 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 doctor's 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 against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
The answer to your question is you have a malpractice case from the surgery and its consequences.
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