Vagus nerve damage

Get Legal Help Today

 Secured with SHA-256 Encryption

Vagus nerve damage

I had part of my stomach and esophagus removed as part of my cancer treatment. The surgeon damaged my spleen and possibly my vagus nerve. I was diagnosed with gastroparesis after the surgery. Before surgery I asked the surgeon about my quality of life after this surgery. He stated that I’m young and healthy so I shouldn’t have any problems. I also asked about not having the surgery and his response was that the last guy that refused surgery was dead in 6 months. We went over complications and risks but never mentioned gastroparesis. My life now is miserable. I’m sick every day and on a feeding tube. I can’t hold down food. This is the way I will be the rest of my life. Do I have a case?

Asked on December 11, 2016 under Malpractice Law, Indiana

Answers:

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

Answered 4 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).  It would be advisable to be examined by another doctor, who could write a report supporting your malpractice claim.
Prior to filing a lawsuit for negligence against the surgeon, it may be possible to settle the case with the surgeon'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 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 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 surgeon.
If the case is NOT settled, your lawsuit for negligence against the surgeon 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption