Uneeded Surgery, Any recourse?

[PenutButterChip]

What is the name of your state?MA

Last year I went to a Fertility Doc who told me my tubes were blocked and needed laprascopic surgery to flush them. Turns out not on ly were they not blocked but I was already pregnant. The first four months of pregnancy wer absolute horror. I was absurdly sick. The baby was born and is healthy. But I would like to know if this falls under malpractice for uneeded surgery?

 

[ellencee]

Did you have a pregnancy test before the surgery? What were the results? What tests were used to diagnose blocked tubes? What damages are you claiming? costs of the surgery,etc.? being sick during the first trimester, even horribly sick?

EC

 

[PenutButterChip]

Did you have a pregnancy test before the surgery? NO
What were the results? N/A
What tests were used to diagnose blocked tubes? Dye and an Xray
What damages are you claiming? Costs of the surgery,etc. being sick during the first trimester, pain and suffering.

 

[ellencee]

If the x-ray with contrast revealed blockage(s) of the tube(s) and the physician acted in a timely manner upon these findings, then no act of negligence would be considered to have occurred; therefore you have no damages (physical, emotional, or financial) that can be attributed to the acts of the physician.

If the x-ray with contrast was done four months prior to the procedure and no pregnancy test or follow-up evaluation was performed in the interim, then you may have a reason to question the procedure as being appropriate. If, like many women, you had no physical changes that indicate pregnancy, there may have been no indication for a pregnancy test or further evaluation.

If it proves that you should not have had the procedure without follow-up evaluation, and as a result of those events, you underwent unnecessary surgery and suffered financial and/or physical problems that you would not otherwise have suffered, you may have a valid claim of professional negligence. The damages would have to be of sufficient amounts to pay for a medmal suit and still award you some amount of fair compensation; therein may lie the obstacle that can't be overcome. If the events support a medmal claim, you may benefit from seeking an out of court settlement vs. a lawsuit for damages.

You should consult with a medmal attorney in your area and find out the statute of limitations and discuss your concerns.

EC

 

[PenutButterChip]

Thank you Ellen