My question involves medical malpractice in the state of: PA
If additional details are required I will provide them. I have suffered with a chronic condition for about the last year. During that year, I have had at least 5 procedures to "deal with" the immediate physical ailment. Obviously, I did not get better since the same procedure was done 5 times. After the 5th time, my doctor (who is also a surgeon) recommended outpatient surgery to permanently correct the issue. As such, I underwent the surgery and subsequently missed 2 weeks of work due to recovery (most of that time off was unpaid). I have a strong suspicion that the surgery did not resolve the problem and that the underlying issue was not corrected. (I realize I would need to first prove that the surgery was unsuccessful, which will not be difficult given the condition I have and how it presents itself). I would argue my damages are loss of pay due to missing work due to recovery, P&S due to the enormous pain I experienced during recovery and subsequent lifestyle changes I have needed to make in order to ensure the surgeries success, and finally, the out of pocket cost of close to $5,000 (I have a QHDP and $5,000 is my max out-of-pocket for non-covered procedures). Furthermore, the surgery procedure that was done has diminished my quality of life and I will have to deal with the "side effects" of the surgery indefinitely.
Is this something I could potentially pursue?
Edit - this probably has no bearing but upon doing my own research into this health issue, I learned that there are several other treatment options available other than surgery. Although most professional medical publications say that my issue is only typically resolved with surgery, I feel that my options were not clearly explained and potential risks/benefits not evaluated. I was in enormous pain, the 5th time this issue has happened, and I just wanted it to be resolved and not be in pain any longer, so I agreed to the surgery before knowing all my other available options. I would argue that it is the surgeon's responsibility to discuss and debate all available options with their patient. After all, I'm not medically trained and have to rely 100% on the medical advice of this particular professional.