If a surgeon caused internal bleeding which had to be repaired later. am I responsible for the extra costs?

UPDATED: Oct 1, 2022

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If a surgeon caused internal bleeding which had to be repaired later. am I responsible for the extra costs?

I had some gall stones removed. During the endoscopy, the surgeon accidentally cut the inside of my stomach. I later discovered I had internal bleeding which was confirmed by another doctor. The following day, I had another endoscopy performed to close the cut and stop the bleeding. A few months later, I had another endoscopy performed by a different surgeon to confirm that the cut had healed, as I was still feeling some pain. I do not think I should be responsible for the costs of the second and third endoscopy.

Asked on December 28, 2018 under Malpractice Law, Arizona


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

Answered 3 years ago | Contributor

Medical malpractice is negligence. Prior to filing a lawsuit against the first doctor, it may be possible to settle the case with that doctor's malpractice insurance carrier. Your claim filed with that insurance carrier should include your medical bills, medical reports from all of the doctors and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical condition and treatment, and are 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 company, NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.

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.

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