Can I sue regarding an injury suffered during my surgery?

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Can I sue regarding an injury suffered during my surgery?

I had my prostate removed about 9 months ago by the Da Vinci robot. After having catheter removed, my doctor told me that he had punchered my bladder. I have been wearing adult diapers ever since due to incontinence, changing diapers 2-3 times a day. I wasn’t told that this would have been a possibility. Can youtell me if I may have a case?

Asked on December 20, 2016 under Malpractice Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While we cannot say for certain that you would win (or exactly what the odds are), based on what you write, you do seem to have a cognizable case, or a case which you can file and bring. This was one or both of the following, either of which could constitute malpractice:
1) It's unusual to do this and it's not a common risk, in which case puncturing your bladder would seem to be the result of malpractice, or negligent/careless medical care; and/or
2) It is a common risk with occurs with some frequency, in which case failing to advise you of this risk would  be negligent or careless. Doctors have a duty to advise patients of foreseeable, reasonable, or likely risks, and so not doing that violates standards of care the same way that poor surgical performance does.
Based on what you write, and considering the consequence you describe (which could potentially led to a significant judgment or award), it would be worthwhile consulting in person with an experienced medical malpractice attorney. Good luck.


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