If I had 2 kidney stones but the doctor only removed 1, do I have a case?

The doctor who did my first surgery knew I had 2 stones but only removed one; he didn’t inform me that I had 2 stones. When I went back to have the tube removed I told the doctor I was still in pain he told me I was having kidney spasms. I just recently had the stone removed because of this.

Asked on June 11, 2012 under Malpractice Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may have a case. Malpractice is the provision of medical care which does not meet accepted standards of care. If the doctor should have removed the other stone but did not, then he may have committed malpractice; or if he should have told you about the other stone but failed to, that might be malpractice, too. The issue is, given the size, placement, likely effect, etc. of the stone, and any risks that might have been involved in removing it at that time, what would a reasonable doctor do? That will determine malpractice.

If malpractice was committed, you may be able to recover additional medical costs (like the second removal procedure), lost wages (if any), and possibly pain and suffering if severe enough. It would be worthwhile to consult with a medical malpractice attorney, who can evaluate the circumstances and advise you as to the strength and worth of your case.

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