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  1. #1
    Join Date
    Jun 2006
    Posts
    4

    Question Malpractice after incomplete hysterectomy

    I live in NH. I had a myomectomy in Oct 2001 for fibroids. They grew back within 6 months. I had requested a total hysterectomy and went in for the surgery Oct 2002. When I woke up from the surgery I found out that the doctor had not performed a total hysterectomy - he had left my ovaries. I asked why and he said "I went in, they looked good and I left them. I knew you wanted them out. I forgot." Now 3 1/2 years later I have been having pelvic pain. I went in for an ultrasound last week and found out I have ovarian cysts and they could see where other cysts have ruptured. I am VERY upset about this since I should not have the ovaries there to have a problem with. I will now have to go in for surgery again to, at the very least, have the cysts removed and biopsied. I feel I should not have to use my own insurance, use vacation/sick time while I am out of work, or pay for any other expenses incurred because of my doctor not taking my ovaries the first time. Do I have a malpractice case? Thanks for your time.

  2. #2
    Join Date
    Jun 2006
    Posts
    4

    Default Re: Malpractice after a myomectomy

    Quote Quoting sak13
    I had a myomectomy in Oct 2001 for fibroids. They grew back within 6 months. I had requested a total hysterectomy and went in for the surgery Oct 2002. When I woke up from the surgery I found out that the doctor had not performed a total hysterectomy - he had left my ovaries.

    Maybe I wasn't clear in my post. I had a partial hysterectomy in Oct 2002 which was supposed to be a total hysterectomy. The malpractice question pertains to the partial vs total hysterectomy since I now have ovarian cysts and will need more surgery. Thanks

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Malpractice after a myomectomy

    The statute of limitations for medical malpractice in New Hampshire appears to be two years. You should consult with a malpractice lawyer expeditiously, to see if you still have a viable claim.

  4. #4
    Join Date
    Jun 2006
    Posts
    4

    Default Re: Malpractice after a myomectomy

    Quote Quoting aaron
    The statute of limitations for medical malpractice in New Hampshire appears to be two years. You should consult with a malpractice lawyer expeditiously, to see if you still have a viable claim.

    I did check that but it was a little vague as to whether it would restart upon having additional medical problems. Thanks for your input.....

  5. #5
    Join Date
    Jun 2006
    Posts
    4

    Unhappy Re: Malpractice after incomplete hysterectomy

    AAron - Spoke to a lawyer today. He said the statute of limitations in NH is 3 years but I am still 8 months passed that. He is looking into any loopholes that might allow this to go forward. He said he has never seen a case quite like it and that the malpractice very cut and dry. No question. He has the form from the hosptial that both my docotor and I signed for the total hysterectomy including bilateral oopherectomy the morning of my surgery. Can you think of any other recourse? Thanks again for you input....

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Malpractice after incomplete hysterectomy

    Ah. It appears that there is a two-year statute which appears in the statute books, but was held unconstitutional causing the three year general limitations period to apply.

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