Q: In Nov 2022 I had a prostate procedure done called HOLEP.It is supposed to core out the prostate similar to a TURP.
There is now a small hole in my bladder spinchter which has left me incontinent. I didn’t have this issue before the surgery. I’ve had two surgeries since to try and fix this. Do I have a case against the hospital and surgeon?
A:
• It way be a case. 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.
Consult with experienced malpractice attorneys in the state where this occurred. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers •
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A:
You may have a potential case for medical malpractice if you believe the hospital and surgeon failed to meet the standard of care during your HOLEP procedure. Under California law, medical malpractice occurs when a healthcare professional's negligence leads to injury. In your case, if the hole in your bladder sphincter, and the resulting incontinence, is a direct result of the surgeon’s actions or omissions, this may be grounds for a claim.
To pursue a claim, you would need to establish that the surgeon breached the standard of care expected in similar circumstances, and that this breach directly caused your injury. You would also need to demonstrate that your incontinence was not a known risk or that it resulted from improper technique during the procedure.
Consider consulting with an attorney who can review the specifics of your case, including medical records and expert opinions, to help determine if you have grounds for a lawsuit.
Tim Akpinar agrees with this answer
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