How do I pursue a medecial malpractice claim?

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How do I pursue a medecial malpractice claim?

I had a surgery 9 months ago to remove a cyst at a hospital. Day 3 I had bleeding from somewhere else. They were saying that they think I had developed some disease and needed tests. The test failed. Come to find out they punctured me and my bowel is now leaking through to my vagina daily. They gave me a surgery last month but it failed. They said wait to see if scar tissue will form. I ask how did this happen and they said seems likethe doctor cut you too deep. A hole is still between my rectum and vagina today and bowel leaking through both ends at same time daily. Should I consult with a medical malpractice attorney? I’m in Dallas, TX.

Asked on October 3, 2011 under Malpractice Law, Texas

Answers:

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

Answered 10 years ago | Contributor

It would be advisable to speak with a medical malpractice attorney.  Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable surgeon in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

It would be advisable to be examined by another doctor whose report will document the malpractice.

It would be advisable to obtain the medical bills, medical reports from the hospital where the surgery occurred as well as the medical report with the second doctor's opinion, and documentation of any wage loss.  Prior to filing a lawsuit for negligence against the surgeon and hospital, it may be possible to settle the case with the insurance carriers for the surgeon and hospital.  Your claim filed with the insurance carriers should include the medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss 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.  Compensation for pain and suffering is an amount in addition to the medical bills.  If the case is settled with the insurance carriers for both the surgeon and hospital, NO lawsuit is filed.  If the case is settled with one of the parties, only the remaining party would be named as a defendant in your lawsuit for negligence.  If the case is not settled with either party, both parties would be named as defendants in your lawsuit.  If you are dissatisfied with settlement offers from the insurance companies, reject the settlement offers and file your lawsuit for negligence.  If the case is NOT settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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