Q: Surgeon performed unauthorized colpocleisis at California hospital without my consent. How can I sue them?
I went into the hospital to have a vaginoplasty division, but the surgeon performed a colpocleisis without my consent, even though there was no reason for it. I have not been able to get the hospital to address the issue at all. What can I do to sue the hospital, given I don't have the money?
A:
Failure to obtain consent (informed consent) is a basis for a medical malpractice and medical battery claim.
There are exceptions for:
If the procedure was medically necessary and it had to be right then without an ability to obtain consent.
If the consent papers were broad enough to cover the procedure done.
A: You will need to retain a medical malpractice attorney. If you had recurrent proplapse, colpocleisis might have been the best available option, but it would seem that your surgeon should have obtained consent before proceeding. I review of your medical records by a surgeon and attorney to determine exactly what happened seems to be in order.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You have grounds to pursue a medical malpractice lawsuit, as performing a procedure without your informed consent is a serious violation of your rights. First, gather all your medical records, especially documentation about the procedure you consented to, and compare them to what was actually done. It's important to clearly establish the discrepancy between your intended surgery and the unauthorized colpocleisis.
Next, contact an attorney who handles medical malpractice cases—many offer free initial consultations and work on a contingency fee basis, meaning they only collect payment if you win your case. Explain your situation clearly and provide them with any supporting documents you have. They can assess your case's strength and guide you through the legal process, including filing claims against both the hospital and the surgeon involved.
Because you mentioned financial constraints, seek out local legal aid services, pro bono programs, or organizations in California that support patients who've experienced medical harm. These resources can connect you with attorneys willing to represent you at minimal or no upfront cost. Remember, California law sets strict timelines, so act promptly to ensure your rights are protected.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
