if surgical error left me with a lifelong condition, what are my options?

I had my bladder nicked during hysterectomy which was repaired immediately. I was told before surgery that this was a risk and I accepted it. Months later, after recurrent UTI’s and kidney infections, about 8 so far, my urologist did a cystoscopy and has found out I now have interstitial cystitis which he says is directly linked to the bladder injury. This is something I will

have the rest of my life. I never had bladder problems before the hysterectomy. I know I was informed of the risk of bladder injury but I was never informed about the possibility of having a life long debilitating disease because of it. Do I have a case or do I have to just suffer the rest of my life?

Asked on May 9, 2016 under Malpractice Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is possible that this was malpractice, if it was a common-enough risk that you should have been warned of it (doctors don't need to warn of all risks, just the ones that have some reasonable probability of occuring or happening) and/or if it it occured due to some carelessness on the part of the surgeon in how the procedure was done. Based on what you write, there is a reasonable chance that this may have been malpractice; therefore, a good idea would be to consult with a medical malpractice attorney (many of whom provide a free initial consultation to evalute cases; you can ask about this before making the appointment) in order to see how strong your case is and what it might be worth. If it seems worthwhile to go further on this matter, the attorney can guide you in getting evaluated by another doctor, which is something that would need to be done to proceed (to bring a malpractice case, you need a doctor to testify as to the fact that this was malpractice).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.