What is the name of your state?
Ohio (surgery happened in Kentucky)
Hello all, I’m just looking for a little advice to see if I’d even have a case before I speak to it and attorney locally about the situation.
In February 2019 I decided to start going to a weight loss clinic with the Ultimate goal of having the Gastric Sleeve surgery. My insurance requires several things to be done before the surgery can be performed such as a psych evaluation, lab test, and other things. One of the requirements was that I had to have a endoscopy to check to see if I had fatty liver. This was performed around September 2019.
My surgery was submitted to insurance for approval around January 2020. It was approved in March 2020 however it kept getting delayed because of Covid. At the beginning of 2021 I had to retake several of the classes as they are only good for one year, I had to have all of the lab work redone however my doctor did not do an endoscopy this time for some reason and from my understanding that is required by the insurance.
I had stressed to my doctor the last few times that I had seen him that I was having a lot of stomach pain. He said that he was able to tell from the endoscopy that I have a Hiatal Hernia from the endoscopy that he had ordered back in September 2019.
Fast forward to The last week of February 2021. I was contacted by my doctors office and advised that they had openings, they submitted to my insurance to have my surgery approved, it was approved and I was scheduled for my Gastric Sleeve surgery on March 3, 2020.
I arrived at the hospital at around 7 AM, was in prep for the OR room, my doctor checked in with me and I asked how I was feeling I told him that my stomach was really bothering me and other than that I just had a lot of anxiety. He assured me that once he had the Hiatal Hernia repaired that it would take care of my stomach problems. So I signed all of the required paperwork and was soon wheeled into The OR and put under anesthesia.
I woke up approximately 3 to 4 hours later in an immense amount of pain. After being moved into a room I was then advised that my surgery was aborted because I have bleeding ulcers. Had he done another endoscopy (which I’m pretty sure he was required to because it had been over a year), this would have been noticed. I now have nine scars on my stomach for no reason whatsoever and I am in a lot of pain. I went back to his office to tell him that I was in a lot of pain and he suggested that I follow up with the ER which I did. I’m over 3 weeks out and still in a lot of pain, I can’t lay on my sides, turn to the side (right or left) or bend forward without suffering from excruciating pain.
My question is, was there any malpractice practice that occurred? Do I have a lawsuit of any sort here? I am willing to follow up with whatever doctor I would need to, I’m actually following up with my family doctor for a recommendation on Monday
Any input would be greatly appreciated
Ohio (surgery happened in Kentucky)
Hello all, I’m just looking for a little advice to see if I’d even have a case before I speak to it and attorney locally about the situation.
In February 2019 I decided to start going to a weight loss clinic with the Ultimate goal of having the Gastric Sleeve surgery. My insurance requires several things to be done before the surgery can be performed such as a psych evaluation, lab test, and other things. One of the requirements was that I had to have a endoscopy to check to see if I had fatty liver. This was performed around September 2019.
My surgery was submitted to insurance for approval around January 2020. It was approved in March 2020 however it kept getting delayed because of Covid. At the beginning of 2021 I had to retake several of the classes as they are only good for one year, I had to have all of the lab work redone however my doctor did not do an endoscopy this time for some reason and from my understanding that is required by the insurance.
I had stressed to my doctor the last few times that I had seen him that I was having a lot of stomach pain. He said that he was able to tell from the endoscopy that I have a Hiatal Hernia from the endoscopy that he had ordered back in September 2019.
Fast forward to The last week of February 2021. I was contacted by my doctors office and advised that they had openings, they submitted to my insurance to have my surgery approved, it was approved and I was scheduled for my Gastric Sleeve surgery on March 3, 2020.
I arrived at the hospital at around 7 AM, was in prep for the OR room, my doctor checked in with me and I asked how I was feeling I told him that my stomach was really bothering me and other than that I just had a lot of anxiety. He assured me that once he had the Hiatal Hernia repaired that it would take care of my stomach problems. So I signed all of the required paperwork and was soon wheeled into The OR and put under anesthesia.
I woke up approximately 3 to 4 hours later in an immense amount of pain. After being moved into a room I was then advised that my surgery was aborted because I have bleeding ulcers. Had he done another endoscopy (which I’m pretty sure he was required to because it had been over a year), this would have been noticed. I now have nine scars on my stomach for no reason whatsoever and I am in a lot of pain. I went back to his office to tell him that I was in a lot of pain and he suggested that I follow up with the ER which I did. I’m over 3 weeks out and still in a lot of pain, I can’t lay on my sides, turn to the side (right or left) or bend forward without suffering from excruciating pain.
My question is, was there any malpractice practice that occurred? Do I have a lawsuit of any sort here? I am willing to follow up with whatever doctor I would need to, I’m actually following up with my family doctor for a recommendation on Monday
Any input would be greatly appreciated
