Asked in Medical Malpractice and Personal Injury for Washington

Q: I went to have my gallbladder removed and during the procedure my liver was torn and then cauterized. anything I can do?

2 Lawyer Answers

A: Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

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A: You clearly suffered an injury. The elements of medical malpractice include violation of the standard of care. If the doctor in performing the procedure failed to perform at the recognized standard of care you may have a case. That said if you suffered a loss is a critical component of the ability to recover damages. Losses are of two kinds, 1) additional medical/hospitalization costs include future medical costs and loss of income, 2) loss of enjoyment of life, pain and suffering, side effects of additional medications or treatment required because of the error. This is an overview of damages not a complete statement of damages.

Most attorneys will look at a medical malpractice case with a view to needing to be able to recover at least a few hundred thousand dollars before taking the case, because medical malpractice litigation is expensive; an attorney will need to retain one but possibly more experts to evaluate the case, give an opinion and testify.

If considering the above you think you will want to proceed, get a full set of records including imagery from the surgeon (including follow on care, the hospital or clinic, and from your referring PCP.

Keep in mind the statute of limitations (with few exceptions) will be 3 years from the malpractice.

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