Is it malpractice if an organ that supposed to have been removed, wasn’t?

UPDATED: Oct 1, 2022

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Is it malpractice if an organ that supposed to have been removed, wasn’t?

I have been dealing with a pain in my right abdomen for almost a year. We was in the process of changing insurances so I could not go to the hospital/doctor. After having a car accident and the pain intensified I went to the ER, I was later sent for a MRI that said possibly left cyst on ovary. I explained to the doctor that was impossible due to the fact that both my ovaries was removed 15 months ago. I

went to my ob/gyn this doctor who did the surgery and through ultrasound revealed that I don’t have my ovaries. He said,

Asked on April 18, 2018 under Malpractice Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is malpractice to not perform a medical procedure--e.g. the removal of ovaries--which was claimed to have been done: malpractice is the provision of medical care which does not meet accepted standards, and not actually performing the claimed procedure certainly fails to meet accepted medical standards. It also be a form of fraud or theft (e.g. from your insurer: billing for something not done). You may well be entitled to compensation for the pain, missed work, for any costs in now having procedures done that should not have been necessary, for the medication, etc. It would be worth your while to consult with a medical malpractice attorney about possibly suing.

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