What to do about unnecessary surgery that was performed on my daughter?

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What to do about unnecessary surgery that was performed on my daughter?

My daughter was diagnosed with ulcerative colitis 3 years ago. She did not responds to medicines so surgery was recommended to “cure” her. A total colectomy was done and she has had multiple post-operative complications. The surgery was 1 year ago and she is in chronic pain, same stomach symptoms, and recently diagnosed with Crohns. Surgery is not reccomended for Crohns. Do I have a case?

Asked on September 18, 2012 under Malpractice Law, Georgia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best answer is it depends on what other experienced medical providers will say about the necessity of the surgery, how the surgery was performed, and then... if either decision was a bad one, whether or not the ill effects your daughter has suffered are a direct result of the their actions.

If other doctors say that the treatment and their performance during surgery were appropriate, then you will have a harder time making a medical malpractice case.  If the doctors say that the treatment was unnecessary, but that the effects that are currently being suffered by your daughter were caused by something else other than their actions, then you will also have a hard time proving a medical malpractice case.

The main thing to show is an action, an injury, and a causation between the action and the injury.  If you can find alternate medical providers to meet these components, then your daughter would have a case.


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