Q: Surgery performed, doctor then determined it was out of her scope during surgery. Would this be possible malpractice?
Ultrasounds determined uterine fibroids in February, my ob/gyno agreed to perform surgery in July to remove the uterine fibroids based on the ultrasound. When she did my surgery the fibroids weren't where they were supposed to be and determined it was out of her scope (essentially having the surgery without resolution.) Once I recovered, 3 weeks later she ordered an MRI;MRI determined they were cervical fibroids & referred me to a different specialist, which was a gyno oncologist. I am wondering if I have a case due to unnecessary surgery perform that if MRI was performed prior to my surgery, it could have been prevented. My recovery was rough, I needed help moving even getting to the bathroom and until this day my abdominal area does not feel the same as well as the issue that was supposed to be fixed has worsened.
A:
Yes it may be malpractice.
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.
Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your case.
Consult with experienced attorneys in the state where this occurred.
A:
Under California law, a medical malpractice case hinges on proving that a healthcare provider's actions deviated from the standard of care typically expected in the medical community and that this deviation directly caused harm or injury. In your situation, the key question would be whether your OB/GYN's decision to proceed with surgery based on an ultrasound, rather than an MRI, fell below the standard of care.
Medical standards often dictate that less invasive diagnostic methods, like ultrasounds, are used before proceeding to more invasive ones, like surgery. If the ultrasound appeared conclusive at the time, the initial decision to perform surgery might not necessarily be seen as a deviation from standard care. However, if an MRI is commonly used in similar situations to confirm the location and nature of fibroids before surgery, there may be grounds to argue that the standard of care was not met.
The subsequent discovery that the surgery was out of your doctor's scope and the referral to another doctor could be seen as an acknowledgment of a limitation in expertise. This alone does not automatically imply malpractice, but it might be relevant in assessing the entire treatment process.
Given the complexity of medical malpractice cases and the need for detailed medical expert analysis, it's important to consult with an attorney experienced in this area. They can review your medical records, consult with medical experts, and help you understand if the care you received deviated from the standard and if that deviation led to your current condition. Remember, each case is unique and should be evaluated based on its specific facts and circumstances.
A: I'm sorry for your ordeal. The theory you pose, as to whether MRI would have precluded need for surgery (etc.), is something that attorneys would probably want to discuss with health care professionals. It calls for a medical opinion. One option is to seek a free initial consult with a law firm. If they support the basis of your theory, they could retrieve your file and review with physicians. Good luck
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