Do I have any hope for compensation for my medical negligence case in Alabama?

UPDATED: Oct 1, 2022

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Do I have any hope for compensation for my medical negligence case in Alabama?

Gynecologist said he did hysterectomy however I recently had to have a MRI due to severe abdominal pain. The MRI showed up I still had everything the doctor put in my surgical notes that he took out of me.

Asked on November 10, 2017 under Malpractice Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Not performing a procedure which the doctor was supposed to do is malpractice: based on what you write, you seem to have a malpractice case, and could obtain compensation for additional medical expenses you incured due to the failure to perform the procedue and/or for pain and suffering if you have suffered long-lasting (months or longer) serious life impairment due to the failure to do the procedure.
If you have the procedure done now at little out-of-pocket expense (e.g. mostly paid by insurance, Medicare, or Medicaid) and suffer, we hope, relatively little other than a few weeks of pain and discomfort, it would not be worth suing: malpractice cases can be very expensive, so with no long-lasting harm and little out-of-pocket expenses, you could pay more to sue than the suit is worth. But if you do suffer significant, long-lasting harm or incur large costs, you could certainly sue for them.

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 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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