How do I know if whether or not I have a case for a malpractice claim?

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How do I know if whether or not I have a case for a malpractice claim?

I went into surgery for a hernia and there was an internal infection, likely due to bacteria from my skin or doctor’s instruments during surgery. Before knowing there was an infection, I was in severe pain, called the doctor’s office and was given more pain pills and told to wait for my follow up appointment. The pain was so terrible that I went to the ER; they found that there was an infection and admitted me for emergency surgery with the same doctor. The last surgery, he did not stitch up the hernia tear, he just added biological mesh. The biological mesh disintegrated and I was left with the hernia. I just had a 3rd surgery for the same hernia but with a new surgeon. Do I have a case here?

Asked on September 21, 2013 under Malpractice Law, Washington

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

The only way to know if you have a case for malpractice is to get a copy of all of your medical records and take them to a personal injury attorney, hopefully one who specializes in malpractice.  The attorney will send your records to a medical expert who will determine whether you have a case.  It is impossible to know just from what you have written here whether the doctor fell below the standard of care, a doctor could not even tell.  You need to have a doctor examine your medical records.

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

The only way to know if you have a case for malpractice is to get a copy of all of your medical records and take them to a personal injury attorney, hopefully one who specializes in malpractice.  The attorney will send your records to a medical expert who will determine whether you have a case.  It is impossible to know just from what you have written here whether the doctor fell below the standard of care, a doctor could not even tell.  You need to have a doctor examine your medical records.


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