Need Advice on Potential Malpractice Suit

Updated on October 03, 2009
A.H. asks from Saint Bonifacius, MN
6 answers

Okay, ladies. This one is something that I NEVER imagined having to discuss nor seak advice for. I will apologize first because there is alot of information that I feel must be shared for anyone to be able to give me proper advice.

I used to be a very healthy wife and mother of 3. Then in January 2005, everything changed. There were issues that arose that led to a diagnosis of fibromyalgia. I had already been diagnosed with polycystic ovarian disease, Hashimotos (an auto-immune thyroid disease), carpel tunnel syndrome on both wrists, and on-and-off depression. After my fibro diagnosis, any other issue that I had was automatically said to be due to the fibro. In November 2007, my family moved after my husband started a new job. Of course with the new location came new doctors. I found an amazing doctor who actually listened to me! That led to the discovery of my desmoid tumor (it is spelled correctly, but is a very rare item). After receiving horrid treatment from a major learning hospital/cancer center and also receiving devastating results from tests, my husband and I knew we had to move back home to have help as we fought this tumor.
In June 2008, we moved back to TN and in with my mother. I found a great team of doctors at Emory in Atlanta, GA. I will be the first to say that I was extremely blessed in finding this team. I had surgery (a 5+ hour surgery) to remove the desmoid tumor along with alot of soft tissue, muscle, and even a portion of bone. The surgery was a success!
Being back in TN, allowed me to go back to my gynecologist who had been treating me for almost 10 years before moving away. Of course, I wanted to go back to him as I had COMPLETE trust in him. During my July surgery, I had my right ovary "pop out" of my abdomen with a large softball sized cyst on it. They removed the cyst, only for my appt with my gyn 1 month later to show the cyst back at the same size. Due to not only that but a number of female issues, my gyn and I agreed it was time for a hysterectomy. I decided that I did not want a partial as I did not want to deal with cysts, and there are thoughts that the hormones are a risk factor with the desmoid tumors. My gyn would not operate until I had time to recover from the July surgery (an indicator that he was looking out for me, or so I thought).
So, in December 2008, I had a complete hysterectomy performed, or so I thought. My gyn came out and explained that normally this only takes 45 minutes but mine took over 2 hours because my right ovary had become entangled in the mesh patch that was used in my repair from the removal of my desmoid tumor. He said that he had worked hard to get all the pieces of that ovary out. His last words with regards to this were everything went well.
Fastforward to August 24, and imagine what a shock to find out that even though I had a complete hysterectomy, the surgeons were finding ovarian pieces and pieces of my falopian tube. During this period of time that I thought I had no woman parts, I was put on a medication that can cause severe pain if you still have your ovaries, and I was in pain and discomfort more days than not.
I do not like people who file frivalous lawsuits (like burning your mouth on hot coffee you have just purchased). And I do not want to be one of those people. But I am very upset that this doctor potentially at the least caused me more pain and discomfort than I would have had. His actions (or inactions) also required 2 more surgeries and all the bills associated with them.
What are your opinions on whether this is a worthy case? Also, who do you turn to (lawyers)? The other complication is that at the time of the last 3 surgeries, I lived in Canton, GA. However, the complete hysterectomy and the laparoscopy were performed in East Ridge, TN and Chattanooga, TN. What does that mean as to where I would have to file suit and what kind of accredidation (sp?) does a lawyer need to have? Thanks!

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Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

B.F.

answers from Atlanta on

I would contact more then one attorney to interview and also many attorney's are word of mouth practice. It will take a good amt of work on your part to call set up interviews and go to them. I would not let this go and most law suites are worth going forward with.

I would seek someone that does mainly malpractice just like a dentist you don't go to him when your foot hurts, then don't go to an attorney that does say mostly divorce.

You may need to get an attorney that has passed the bar being able to practice in both GA and Tn. I know many that have taken the bar in one then one state and can practice in more then one state since doing so.

Go forward with this don't let the doctor just walk away. You may also have to file a complain with the license board in TN since that's where that doctor has a practice.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

L.Z.

answers from Atlanta on

You'll likely wind up with two attorneys. Contact personal injury/malpractice attorneys that are local to you, and meet with them. Your initial consultation will be free. If they ask you to pay, move on. Find one you like--if you aren't comfortable with one, check out another.

Your attorney will likely contact a fellow attorney to handle the TN jurisdiction.

L.H.

answers from Atlanta on

I am very sorry for what you have been through. However, I personally do not think this sounds like negligence, but more like a really difficult surgery that was complicated by your previous surgeries. You cannot sue someone based on an honest mistake; you can only claim legitimate malpractice based on "negligence." This does not sound like negligence. If you want to go ahead you would find a trail lawyer who specializes in malpractice BUT be very very careful in what you say or do about this. Anything you have ever written online, including this site could be pulled up and used against you. Anytime you are thinking of involving yourself in a legal matter you should really only talk to your lawyer and very close family. What you should do is express your concern and frustration with the doctor(s). I had a similar experience recently of being disappointed in my care and expressed my anger and felt much better after talking at length to the physician. Lawsuits are valid every now and then but more often than not, you will just add stress to your life without a positive result.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

M.K.

answers from Atlanta on

FYI, the "burning your mouth on hot coffee" lawsuit you are referring to was not a frivolous lawsuit. It was a 79 year old woman in the passenger seat of a stopped car trying to open the lid to add cream and sugar. The coffee was intentionally and negligently kept at a scalding temperature to increase taste. She didn't burn her mouth. She had third degree burns on 6% of her body. She was in the hospital for over a week going through skin grafts and reconstructive surgery on her genitals, butt and thighs. She had to go through an additional 2 years of medical care. She deserved every dime she got of her settlement. Spilled coffee should NOT cause third degree burns and skin grafts.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.G.

answers from Savannah on

What a horrible ordeal to have to go though! I really would be upset if I were in your shoes and would probably be on the same path. I would find a good lawyer to get some advice from and go from there.

Good luck!
S.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.N.

answers from Atlanta on

A.,
Your case sounds very complex. My husband is a personal injury lawyer - he doesn't typically work on medical malpractice cases but would be happy to refer you to a specialist in that area.

Please feel free to give him a call - his name is Michael Neff and his office number is ###-###-####.
Best wishes!
K.

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