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  1. #1
    Join Date
    Sep 2006
    Posts
    5

    Default Vein Cut During Surgery

    My dad had surgery a week ago to remove scar tissue from previous surgeries. It was supposed to be a simple outpatient procedure and he was to be able to go home the same day. During the procedure the docter cut a vital vein in his leg by mistake and caused him to lose a few pints of blood. He could have died, was it not for a surgeon that happened to be there to close the vein. My dad has been in the hospital for a week now and his leg will be swollen for a year and he will have to use a walker until new veins grow to replace the one he lost. He is in a lot of pain and has suffered a great deal. Needless to say, what he went in to get done was not done. My question is, what is required in order to present a strong case against the hospital for pain and suffering and possible malpractice? My parents have been through a lot, as my father has just finished an 11 month treatment of chemotherapy right before this happened. Any advice or information would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Strong case against doctor?

    Believe it or not, it's not immediately apparent that this would constitute malpractice, as opposed to the type of maloccurrence that can happen during surgery. A bad outcome or even a mistake doesn't necessarily mean that medical malpractice occurred. Surgery can be complicated, and veins and arteries sometimes get nicked or severed.

    Also, malpractice laws vary by state, and you chose not to tell us where this happened. Your father would need a medical expert to opine that malpractice occurred. He should have his medical records evaluated by a malpractice lawyer in the state where this occurred.

  3. #3
    Join Date
    Jul 2006
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    984

    Default Re: Vein Cut During Surgery

    And the swelling is possibly due to lymphedema from the chemo and the additional insult of the surgery. These things happen, consult a medmal attorney.

  4. #4
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Vein Cut During Surgery

    My question is, what is required in order to present a strong case against the hospital for pain and suffering and possible malpractice?
    If there is no reason to believe the physician was incompetent the "nick of a vein" would be considered a risk of surgery, as MrKnowitall stated. The malpractice issue would be considered if the doctor failed to close the vein (or as you said- a surgeon then closed the wound). That would be the "standard of care" that was"breached", and the basis for a malpractice tort.

    Pain and suffering, are used to calculate an award of damages in malpractice. They have to be a direct result of the standard or "duty" breached.

    And it is very difficult to prove a malpractice case when the outcome is bad, but is a possible complication of that surgery.

    I am sorry the surgery didn't have a favorable outcome.

  5. #5
    Join Date
    Sep 2006
    Posts
    5

    Default Re: Vein Cut During Surgery

    Thanks for all the replies. This happened in NC. The doctor never admitted to the mistake, but just apologized that it had happened. He commented that the vein that was cut normally isn't in the place that it was, and that was how it got severed. He is on percosets right now for the pain, so obviously he has suffered as a result. As soon as he's strong enough, we will consult a medical attorney. They realize this will require alot, but I feel that we deserve to be compensated for this.

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