If it was recently found that I didn’t need my gallbladder removed and it actually caused more medical problems, is this malpractice?

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If it was recently found that I didn’t need my gallbladder removed and it actually caused more medical problems, is this malpractice?

I had my appendix removed and not even a full month later I’m still having severe abdominal pain. My surgeon did a scan and saw that I had an infraction rating of 90%. He said, “In his years of being a surgeon he has found its better to take it out with my symptoms of anything above 88%.” So I agreed, but my new GI doctor told me that she disagreed. She looked at my pathology report, and slides and confirmed with a pathologist that my gallbladder was not inflamed, nor needed to be removed. He had lied to me. My symptoms got worse and caused more problems.

Asked on February 22, 2012 under Malpractice Law, Michigan

Answers:

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

Answered 9 years ago | Contributor

Medical malpractice is negligence.  Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with his malpractice insurance carrier.  You should obtain your medical bills from both the first and second doctors and your medical report from the second doctor and the pathologist.  Your personal injury claim filed with the first doctor's medical malpractice insurance company should include the medical bills, medical report(s) 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, which is an amount in addition to the medical bills.

If you are dissatisfied with settlement offers from the malpractice insurance company, reject the settlement offers and file your lawsuit for negligence against the first doctor.  If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the malpractice insurance carrier, you will need to file your lawsuit for negligence against the first doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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