How do I know if it’s worth pursuing legal action against a doctor?

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How do I know if it’s worth pursuing legal action against a doctor?

I had hernia repare surgery about 4 months ago. The surgeon did not repare the hernia during the procedure, however placed a mesh a few inches under it claiming that that there was a tiny hernia there. He told me after the fact that the visibly protruding lump was not a hernia at all, but diastasis. He never performed any X-ray scans on me before or after the procedure, yet claimed that he checked my ultra-sound images from when I was pregnant not very likely. The site was not marked before I went into surgery and i suspect that is the most likely reason for this mistake. I went to another clinic and got a second opinion and was told that I indeed

have a hernia and not diastatis.

Asked on July 13, 2016 under Malpractice Law, Missouri

Answers:

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

Answered 7 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).
If you have a medical report from the second clinic which said that you have a hernia, that in addition to a declaration from the registered nurse signed under penalty of perjury that the doctor did not follow protocol will provide evidence in support of your malpractice claim.
Prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your illness/condition 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 malpractice insurance carrier, 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.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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