If a surgeon caused internal bleeding which had to be repaired later. am I responsible for the extra costs?

I had some gall stones removed. During the endoscopy, the surgeon accidentally cut the inside of my stomach. I later discovered I had internal bleeding which was confirmed by another doctor. The following day, I had another endoscopy performed to close the cut and stop the bleeding. A few months later, I had another endoscopy performed by a different surgeon to confirm that the cut had healed, as I was still feeling some pain. I do not think I should be responsible for the costs of the second and third endoscopy.

Asked on December 28, 2018 under Malpractice Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Medical malpractice is negligence. Prior to filing a lawsuit against the first doctor, it may be possible to settle the case with that doctor's malpractice insurance carrier. Your claim filed with that insurance carrier should include your medical bills, medical reports from all of the doctors and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical condition and treatment, and are 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 first doctor's malpractice insurance company, NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.


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