Botched Vasectomy

[Hanesk]

My question involves malpractice in the state of: Kansas. My husband had a vasectomy May 28th, on June 1st we got a call from the hospital that they took out part of a vein instead of the vas deferens on one testicle. He is still in pain on the one said and the one is still swollen. They told us to still send in a sample to be tested for live sperm and we would go from there. Meaning, if sperm were present he would have to go to the OR, if not they call it good. Should we try and sue for them to pay the bill? Or do we have any rights considering we signed papers saying we wont sue.

[PayrolGuy]

You need to talk to a lawyer in Kansas that specializes in medical malpractice cases.

[adjusterjack]

Should we try and sue for them to pay the bill?

There is no "try" there is only sue or not sue. That's up to you. Isn't likely to be "them." It would be the doctor who performed the surgery. And there could be additional amounts above just the bill.

Or do we have any rights considering we signed papers saying we wont sue.

Why do you think you signed away your right to sue? Do you have copies of those papers? They typically explain the risks and you agree to accept the risks. Medical negligence isn't a part of that.

Besides, it's way too soon to sue for anything.

If the pain and swelling go away after a while with no harm there would be nothing to sue for.

Still, it would be a good idea to talk with an attorney and review your options.

[pg1067]

Should we try and sue for them to pay the bill?

Ummm...huh? These events are barely a week old, and you don't even know how things will turn out. A tad premature to be thinking about suing. Also, one does not "sue . . . to pay [a medical] bill."

Or do we have any rights considering we signed papers saying we wont sue.

Since no one here has read whatever was signed, it's impossible to speak intelligently about its effect.

Once all the medical work is done, then your husband can contemplate whether he has any viable legal claim.

[llworking]

There is no "try" there is only sue or not sue. That's up to you. Isn't likely to be "them." It would be the doctor who performed the surgery. And there could be additional amounts above just the bill.



Why do you think you signed away your right to sue? Do you have copies of those papers? They typically explain the risks and you agree to accept the risks. Medical negligence isn't a part of that.

Besides, it's way too soon to sue for anything.

If the pain and swelling go away after a while with no harm there would be nothing to sue for.

Still, it would be a good idea to talk with an attorney and review your options.

How about the medical bills for the botched procedure? Maybe the doctor will do the right thing and not charge him, but all the other providers involved in the surgery will want their bills to be paid.

[Mercy&Grace]

My question involves malpractice in the state of: Kansas. My husband had a vasectomy May 28th, on June 1st we got a call from the hospital that they took out part of a vein instead of the vas deferens on one testicle. He is still in pain on the one said and the one is still swollen. They told us to still send in a sample to be tested for live sperm and we would go from there. Meaning, if sperm were present he would have to go to the OR, if not they call it good. Should we try and sue for them to pay the bill? Or do we have any rights considering we signed papers saying we wont sue.

A vasectomy not being successful is one of the risks. Your husband accepted that risk along with others when he signed the consent forms. It is common for public teaching hospitals to have a clause stating the patient cannot sue if a,mistake(s) is made. But in cases of gross incompetence and negligence a patient can sue. The problem will be proving what happened was not a,mistake but gross incompetence and negligence.

[llworking]

A vasectomy not being successful is one of the risks. Your husband accepted that risk along with others when he signed the consent forms. It is common for public teaching hospitals to have a clause stating the patient cannot sue if a,mistake(s) is made. But in cases of gross incompetence and negligence a patient can sue. The problem will be proving what happened was not a,mistake but gross incompetence and negligence.

This is a little different than it not being successful. The doctor admitted that he took out part of a vein instead of what he was supposed to take out. That is a flat out error on the part of the doctor. I also imagine that taking out part of a vein could possibly cause circulatory problems in that part of the body.

[Harold99]

A vasectomy not being successful is one of the risks. Your husband accepted that risk along with others when he signed the consent forms. It is common for public teaching hospitals to have a clause stating the patient cannot sue if a,mistake(s) is made. But in cases of gross incompetence and negligence a patient can sue. The problem will be proving what happened was not a mistake but gross incompetence and negligence.

...That it was a 'mistake' and not 'negligence?' Boy, I'd like to see an attorney argue the huge difference between those two words in a courtroom.

What you are saying is how little it would take an attorney to convince you, as a juror, for you to feel good about not awarding the plaintiff one dime. "It was just a mistake."

This is exactly why attorneys offer such flimsy arguments...because there are biased jurors that look for any reason to side with them.

[Mercy&Grace]

...That it was a 'mistake' and not 'negligence?' Boy, I'd like to see an attorney argue the huge difference between those two words in a courtroom.

What you are saying is how little it would take an attorney to convince you, as a juror, for you to feel good about not awarding the plaintiff one dime. "It was just a mistake."

This is exactly why attorneys offer such flimsy arguments...because there are biased jurors that look for any reason to side with them.

Doctors make mistakes. They call it the "practice of medicine" for a reason. How the mistake could reasonably affect the patients life in the future is important. Doctors make mistakes everyday. Every mistake does not rise to the level of negligence or malpractice.

llworking, I agree the patient should not have to incur any expenses associated with another surgery, if needed. But as I said earlier a mistake does not necessarily rise to the level of negligence or malpractice. No one is perfect, that includes doctors.

I hope you're doing well and staying safe.

[Harold99]

Doctors make mistakes. They call it the "practice of medicine" for a reason. How the mistake could reasonably affect the patients life in the future is important. Doctors make mistakes everyday. Every mistake does not rise to the level of negligence or malpractice.

llworking, I agree the patient should not have to incur any expenses associated with another surgery, if needed. But as I said earlier a mistake does not necessarily rise to the level of negligence or malpractice. No one is perfect, that includes doctors.

I hope you're doing well and staying safe.

Like I said, for every feeble argument an attorney throws out, there's a juror willing to accept it to fit his bias.

An example of a "mistake" is not knowing how a patient might react to a certain drug. Cutting the wrong vein, artery or nerve is more than an acceptable mistake. But there are those jurors out there that love doctors and hate personal injury awards...so good luck to those plaintiffs.