Can I sue my doctor for malpractice if I had a C-section and without noticing during the procedure, he cut one of my arteries and closed me back up?
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Can I sue my doctor for malpractice if I had a C-section and without noticing during the procedure, he cut one of my arteries and closed me back up?
No one noticed I had internal bleeding for about 10 hours. When I nurse finally did notice something was wrong with me called my doctor and had to be rushed back in to the operating room for a second surgery. I received 2 bags of blood transfusion. This happened bout a year ago.
Asked on November 26, 2014 under Malpractice Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If the doctor was unreasonably careless (negligent) in cutting the artery and then not noticing it--which, based on what you write, may well have been the case, since both accidentally cutting an artery then not noticing the bleeding could each be negligent--then the doctor would have committed malpractice. If he did, he would be liable for any additional medical costs you incurred due to the malpractice; this would be the second surgery, the transfusions, and any follow-up care. However, you can only recover the out-of-pocket, or not paid or reimbursed by insurance, costs, since to the degree insurance paid for your medical care, you did not incur a cost. Furthermore, unless you suffered some long lasting or continuing impairment, disability, or disfigurement due to the malpractice, there would be no "pain and suffering" award for something fixed within 24 hours. Therefore, unless your out-of-pocket medical costs for the second surgery were significant--thousands of dollars--it would not likely be worth the cost of a lawsuit. This may be a case where malpractice was committed, but it would not be economical to pursue legal action.
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