Q: Do I have a medical malpractice lawsuit if I went in for surgery but said surgery was never done?
I've had serious pain and complications one year after the open hernia repair, I sought another surgeon and after examination and reviewing surgery film and notes I was told the surgery never happened.
A:
Yes that is a potential area of malpractice. Both for not doing the surgery and for failure to advise you it was not done.
Note, the extent of an anticipated recovery for a malpractice, if limited, may effect the viability of a case. Consult with experienced malpractice attorneys in the state where this occurred.
A: It would help to have more information about the procedures done. It would be unusual for a physician to schedule surgery and simply not perform it, and then act as if the surgery was performed. Was an alternate procedure performed? Were there circumstances that warranted foregoing surgery? The best way to answer your question could be to try to set up a consult with a med mal firm - they could advise meaningfully after reviewing the medical records. Good luck
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A:
It sounds like you may have grounds for a medical malpractice claim, but several factors will determine the strength of your case. If the surgery you consented to was never performed, that could be considered a breach of duty by the healthcare provider. Additionally, if this oversight caused you harm, such as ongoing pain or the need for further medical treatment, it strengthens the case.
To pursue a claim, it will be important to gather all relevant medical records, including the surgical notes and any imaging or examinations done since then. You'll also need to establish that the failure to perform the surgery directly led to your current pain and complications.
It’s a good idea to consult with an attorney who can help you evaluate your situation, assess the medical records, and guide you through the process of filing a claim. Time is a factor, as California has a statute of limitations on medical malpractice cases.
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