If I went and got a tubal ligation but during the operation the doctor perforated my uterus, does that constitute malpractice?

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If I went and got a tubal ligation but during the operation the doctor perforated my uterus, does that constitute malpractice?

When I woke up in recovery the nurse told me I would have to stay longer but wouldn’t tell me why or what was going on. It took two hours before the doctor finally came to my room to tell me what was going on.

Asked on February 20, 2015 under Malpractice Law, New Mexico

Answers:

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

Answered 6 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).  Perforating your uterus during surgery is malpractice.

Prior to filing a lawsuit against the doctor for negligence, it may be possible to settle the case with the doctor's malpractice insurance carrier.

Obtain your medical bills, medical reports, and documentation of any wage loss.  Your medical malpractice claim filed with the doctor's malpractice insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury 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 doctor's malpractice insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the doctor's malpractice insurance company, reject the settlement offers and file a lawsuit for negligence against the doctor.

If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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