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  1. #1
    Join Date
    Mar 2011
    Posts
    9

    Default Bowel Punctured During Surgery

    My question involves medical malpractice in the state of: Oregon
    My sister about a year ago had her tubes tied, normal procedure in and out signed medical waiver had procedure. Work up in recovery to find out the doctor had cut her bowels in 4 different places and they layed her open about 6 inches on the belly to repair the damage, she was in the hosptal for 1 week. She was told by people since she signed the waiver she had no law suit. I look at it as she signed to have her tubes tied not filleted open like a fish because the doctor screwed up. Does she have a case or not and has time to file expired?

  2. #2
    Join Date
    Jul 2010
    Posts
    7,881

    Default Re: Oops Doctor Slipped

    Time to file has not expired but she needs to get to a med-mal attorney to have her case evaluated immediately. She will have to be able to prove damages, and probably a good amount, to get a med-mal to take it on contingency. I'm assuming the doctor did not charge her beyond the tubal ligation? Even that, unless he/she is a complete jackass, should have been waived and he/she should have paid any/all hospital fees as well.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Bowel Punctured During Surgery

    By "waiver" do you mean "informed consent form", with this listed as a common complication? Was there a reason this would have been any more complicated than a typical tubal ligation? By "she was told by people" do you mean she has had the case evaluated by lawyers, she asked somebody at work, or that the village idiot has been giving her legal advice?

  4. #4
    Join Date
    Mar 2011
    Posts
    9

    Default Re: Bowel Punctured During Surgery

    village idiot advice, paid only tubal we believe, dr just plain screwed up. what kind of proof needed other than scar and medical report.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Bowel Punctured During Surgery

    the scar is meaningless in itself. A large scar can result from a tubal. While doctors now prefer to do lap surgery sometimes once surgery has started, it cannot be completed that way and you end up with a big scar. As such, the scar doesn't prove anything.

    as well, there are assumed risks and if there was no negligence on the part of the doctor, sometimes those mistakes are nothing more than one of those assumed risks. The fact there was multiple cuts may be indicative of negligence though. She needs to take her records to a med-mal attorney who can investigate the situation to determine if this falls under the assumed risks or if it is malpractice.

  6. #6
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Bowel Punctured During Surgery

    Bowel puncture is a recognized rare risk of tubal ligation. Other pre-existing factors such as the presence of adhesions, endometriosis, cysts, etc will need to be evaluated.

    I agree with the above posters that she should get a copy of her medical records to an attorney who will have them reviewed by an expert.

  7. #7
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Bowel Punctured During Surgery

    A scar is meaningless, in the sense that you can expect a scar after surgery and absent evidence of malpractice it's simply a consequence of having surgery. Even if resulting from error, a larger-than-anticipated scar doesn't have much significance in a medical malpractice case, particularly in an area that will normally be covered by clothing, because the amount that can be expected to be recovered for such a scar doesn't justify the extremely high cost of bringing a malpractice case. A lawyer bringing a malpractice action would normally be looking for disfiguring scarring or other injury that would bring about a recovery sufficiently large to justify the five to six figure investment in costs.

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