Do I have a case for malpractice if an organ, that was supposed to have been removed, wasn't?

     Hi.  I am an injury attorney out of Missouri that has experience in pursuing medical malpractice claims. 

     Going only by the facts that you have provided in your question, it appears that you may have grounds to bring a medical negligence claim, asking for damages to cover the cost of any and all future surgeries to your ovaries, compensation for pain and suffering, and even punitive damages.  I am concerned, however, that the statute of limitations for bringing a malpractice suit may have expired.  However, the period does not start to run until you are able to discover the original negligent act by the doctor, i.e. the failure to remove your ovaries, so you may still be within the timeframe.

     Additional detail would be needed in order to determine the strength of your potential case and the type of damages you may be entitled to.  How long have you been dealing with pain caused by the cysts?  Has it interfered with your life to a significant degree?  Moreover, what was the reason for originally having the surgery to your ovaries (4 yrs. ago)?  All of these details are very critical.  The statute of limitations for a medical negligence case is ordinarily 2 years, but you may still be within this timeframe, due to your recent discovery of the failed removal of your ovaries.

     I can be reached by e-mail, for your convenience, at mth2000@yahoo.com.  Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice.  The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

Definitely speak to a personal injury attorney, one with medical malpractice experience, immediately. On the face of it, you should have a claim for malpractice: not removing organs that were supposed to be removed is almost the definition of malpractice. The possibilities to watch out for:

1) the statute of limitations, or how long to bring a lawsuit. In your state, generally speaking, you only have 2 years from the bad medical care to bring a lawsuit, though that period is often extended by a court if there was no way for the patient to know about the problem until later. You should speak to an attorney IMMEDIATELY, because you do not want any more delays. Here's a link to the statute of limitations for medical malpractice claims.

2) if the issue wasn't that the doctor failed to remove what he should have, but just that he failed to accurately or efficiently communicate what he was doing, his liability would be less; you should probably get any/all records of your treatment at that time and review them, both individually and with your attorney, to see what was supposed to be said and done.