If a surgery was performed but the cause of the illness was later determined to be something else, what if anything should I do?

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If a surgery was performed but the cause of the illness was later determined to be something else, what if anything should I do?

I went to the emergency room with lower abdomen pain and I had just found a few days before I was pregnant and I was afraid I was about to miss carry. They did an ultrasound and determined I was seven weeks pregnant and hospitalized me for the night, the next morning they preformed an appendix surgery. The doctor informed my husband my appendix wasn’t that bad and I still continued to have extreme lower abdomen pain. I went to see my gynecologist a few weeks later and I had miss carried because of a molar pregnancy. My HCG levels were extremely high and my gynecologist informed me he felt I may have a molar pregnancy. Later after the D&C it was proven that I did indeed have a molar pregnancy. I feel the appendix surgery was unnecessary and the misdiagnosis further harmed my health since the molar pregnancy was eating through my uterine wall and I still at this point cannot attempt to conceive. If the hospital would have determined I had a molar pregnancy the D&C could have been preformed and less damage would have occurred.

Asked on January 6, 2012 under Malpractice Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue could be as simple as medical malpractice or it could be that at that stage the hospital could not have determined that it was a molar pregnancy, You need to consult with a lawyer who specializes in medical malpractice and quite possibly someone who has had experience with litigating molar pregnancy issues or unnecessary appendectomy. The problem here is you will need to learn from experts through the litigation process whether or not the procedures used for diagnosis were not custom or practice or if the simple tests regarding the pregnancy needed to be performed before any surgery was conducted.


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