What to do if my wife had a urinary stent put in to help pass kidney stones but now the doctor want remove the stent unless he gets a large amount of money from us?

Shouldn’t the removeal of the stent be part of the surgery from the start?

Asked on October 7, 2014 under Malpractice Law, Georgia


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

Answered 6 years ago | Contributor

Although it would appear that removal of the stent is part of the surgery, it would be advisable to confirm that with another urologist.

It would be advisable to file a complaint with your state's medical licensing board regarding the doctor's refusal to remove the stent without being paid in advance.

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

It would be advisable to see another urologist, who could write a report supporting a claim for malpractice which will strengthen your wife's claim against the first doctor.

Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with the first doctor's  malpractice insurance carrier.  Your wife's claim filed with the malpractice insurance carrier should include her medical bills, medical reports and if applicable, documentation of any wage loss from failure to remove the stent.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your wife's condition and will be 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 carrier, NO lawsuit is filed.  If your wife is dissatisfied with settlement offers from the first doctor's malpractice insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the first doctor.  If the case is NOT settled with the malpractice insurance carrier, your wife's lawsuit for negligence against the first doctor must be filed prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.

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