If the surgery that we were told was planned was not the surgery performed, can we sue?

My wife had a total hysterectomy performed last month. She had a continuing problem with painful cysts on her ovaries. It was our understanding that everything would be removed including the ovaries. She had to go back to the ER yesterday with severe pain in her abdomen. After a CT scan the ER doctor asked her if she still had her ovaries because the CT scan showed them and informed her it was another cyst. He also informed us that the surgical paperwork says both ovaries were removed. Do we have any type of case?

Asked on February 7, 2016 under Malpractice Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

s on what you write, you may very well have a case: not performing the correct surgery is almost by definition malpractice, or medical negligence (unreasonable carelessness). The only exception would be if, when they began the procedure, they found some reason (e.g. some other or different condition than expected) that made it medically unwise to do the scheduled surgery, but that does not seem to have been the case (for example, if that is what happened, they should have discussed the situation with you right after the procedure). d on what you glhave written, it would be worthwhile for you wife and you to consult in person with a malpractice attorney to discuss your case.

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