Recurring Pain After Surgery, Loss of Consortium

My question involves malpractice in the state of: PA

Starting around April 2014 I began suffering from a thrombosed external hemorrhoid which was incised and drained. Following that procedure I suffered from 3 subsequent abscesses which required incision and drainage. During this period I was being seen regularly by a colorectal surgeon who wanted to see if we could get the issue to resolve itself. Upon the 4th recurring abscess which needed to be incised and drained, I asked what other options were available. I was told that surgery was recommend via an advancement flap procedure. I was told that this would solve the problem. Surgery was done in April 2015.

Recovery was horrible. I was not prepared or warned that it would be as horrible as it was. Regardless I suffered through it and healed. Upon further external examination it was determined the surgery was a success. For months afterward I still suffered residual pain and was told by my surgeon that the procedure was very invasive and that it could take months to fully heal. Fast forward to today and I am still having residual pain and most embarrassingly, an inability to enjoy time with my wife. Without getting into detail, every time I am aroused I experience a pain severe enough to make me try to avoid arousal. I am sure this experience is related to the surgery, as it was not present prior and the pain I feel is too similar to the pain experienced by the anal issues I was dealing with. August 2015 was the last time I saw my surgeon and expressed this concern and he said everything looked fine to him.

Because of how horrible the surgery and particularly the recovery was, I am honestly terrified to have another internal exam and am even more frightened of the thought of additional surgery to attempt to correct the issue I am experiencing.

I'm hoping posting this will help me determine if I need to suck it up and speck to someone in person regarding this. What is the statute of limitations in PA for something like this? I'm not sure what to do and because of the nature of the issue I am reluctant to go and speak to anyone. Thank you.

You need to take your medical records to a local med-mal attorney.

Unfortunately, no surgery is ever guaranteed to be 100% complication-free and most complications are not considered malpractice but rather just one of those miserable after-effects.

The SOL in PA is two years (as a rule).

Thanks for the quick reply. What records specifically? I would need to get the records from the doctor? Literally all I have is the post-op instruction sheet which lists the procedure. I know I signed forms prior but I don't have copies of those. I was also never given any forms or paperwork or other literature prior to the surgery.

If you have never addressed the pain upon erection with a doctor, you need to. You will need to submit to a rectal exam if you sue anybody over this.


I would suggest getting things looked at before getting too far into this. (Be aware of the sol though)

i think you will be surprised at what you signed prior to surgery.

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Quoting jk

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i think you will be surprised at what you signed prior to surgery.

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I understand that - and I also understand that miserable after-effects do not equal malpractice. What I do know is that if someone had made me aware, prior to surgery, that I could suffer from pain during future erections, I would have not gone through with the surgery. Period. Given choice A or choice B, I would have preferred to deal with several abscess I&Ds per year than the pain I experience now every time I get an erection. Also, maybe I wasn't clear in my first post. I did bring the issue of recurring pain up and a basic exam showed nothing out of the ordinary. I was told to give it more time to heal.

As for these records, can I just go to the practice and request them?

I was suggesting a different Doctor. Sorry if that wasn't clear. It makes no sense to ask the guy you think might be guilty of malpractice to tell you he screwed up.


Yes, as the doctor for a copy of your complete file. They are allowed to charge a fee for copying it and if research time required, for that as well. Given much is electronic today I wouldn't expect much if anything in regards to research fees.

You really should have read the forms you signed before the surgery. No one has to tell you specifics. They are mentioned in general in the consent forms you signed.

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Quoting Mercy&Grace

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You really should have read the forms you signed before the surgery. No one has to tell you specifics. They are mentioned in general in the consent forms you signed.

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Absolutely agree. In this circumstance, there was no reviewing the forms prior to surgery. I got the forms and signed the forms while I was already in a robe waiting for the anesthesiologists. It was done outpatient and was my first surgery so maybe it was my fault that I didn't know what to ask or review. I was anxious about the surgery and signed everything while I was awaiting going under. I am going to ask for a complete copy of everything and see a different doctor.

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Quoting razoredge

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Absolutely agree. In this circumstance, there was no reviewing the forms prior to surgery. I got the forms and signed the forms while I was already in a robe waiting for the anesthesiologists. It was done outpatient and was my first surgery so maybe it was my fault that I didn't know what to ask or review. I was anxious about the surgery and signed everything while I was awaiting going under. I am going to ask for a complete copy of everything and see a different doctor.

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You may have to pay for a copy of your records - but without them, you have less than nothing. So you do need them.

Another tip: If, after review, a couple of med-mal attorneys either won't take the case or give you another reason (too busy, not our type of case) or want money upfront, what they're saying is that you don't have a case or you don't have a case worth litigating.

I have put the State Of Pennyslvanis Cost Of Medical Records laws below. You need the medical records and Not A Summary. See "Note: at the bottom of the page at the link below regarding summary. You may also need to get a copy of the medical records from the hospital. But you may want to wait until you see an attorney and see if they ask for them.

AMENDMENTS TO CHARGES FOR MEDICAL RECORDS
EFFECTIVE JAN. 1, 2015-
http://www.health.pa.gov/Your-Depart...x#.VrExnPkrK00