Can I sue my doctor for malpractice if I had a C-section and without noticing during the procedure, he cut one of my arteries and closed me back up?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue my doctor for malpractice if I had a C-section and without noticing during the procedure, he cut one of my arteries and closed me back up?

No one noticed I had internal bleeding for about 10 hours. When I nurse finally did notice something was wrong with me called my doctor and had to be rushed back in to the operating room for a second surgery. I received 2 bags of blood transfusion. This happened bout a year ago.

Asked on November 26, 2014 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the doctor was unreasonably careless (negligent) in cutting the artery and then not noticing it--which, based on what you write, may well have been the case, since both accidentally cutting an artery then not noticing the bleeding could each be negligent--then the doctor would have committed malpractice. If he did, he would be liable for any additional medical costs you incurred due to the malpractice; this would be the second surgery, the transfusions, and any follow-up care. However, you can only recover the out-of-pocket, or not paid or reimbursed by insurance, costs, since to the degree insurance paid for your medical care, you did not incur a cost. Furthermore, unless you suffered some long lasting or continuing impairment, disability, or disfigurement due to the malpractice, there would be no "pain and suffering" award for something fixed within 24 hours. Therefore, unless your out-of-pocket medical costs for the second surgery were significant--thousands of dollars--it would not likely be worth the cost of a lawsuit. This may be a case where malpractice was committed, but it would not be economical to pursue legal action.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption