What can I do about pot-op surgical complications that I suffered?

I had weight loss surgery 2 years ago. 3 days after my surgery my staples tore open and I ended up having to be rushed into emergency surgery. The doctors told my mom that they were having a hard time repairing my stomach because it kept tearing open. They also said that I was given to much anesthesia and I quit breathing on my own and they had to intabate me. I was in the hospital for 18 days after that. I ended up with multiple infections and having drain tubes and feeding tubes for about a month and a half.

Asked on June 20, 2017 under Malpractice Law, Washington


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

Answered 3 years ago | Contributor

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).
Prior to filing a lawsuit for negligence against the weight loss doctors and the facility where the surgery occurred, it may be possible to settle the case with their malpractice insurance.
Your claim filed with the malpractice insurance should include your medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement.  The medical reports will document what occurred 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 malpractice insurance carriers for the doctor and hospital, NO lawsuit is filed. 
If you are dissatisfied with settlement offers, reject them and file a lawsuit for negligence against the doctor(s) and hospital or other facility where the weight loss surgery occurred.
If the case is settled with any party, only name the partys with whom the case has not settled as defendants in your lawsuit.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
If you are a minor, your parent will need to be appointed guardian ad litem to file a lawsuit on your behalf because a minor cannot file a lawsuit.

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