Do I Have a Malpractice Case?

Question:

I recently had a complete hysterectomy and during the procedure my bladder was cut and had to be repaired during the surgery by a urologist which brought on other complications and longer recovery time. It has only been 3 months but I now suffer from bladder spasms and over active bladder. During my last appointment the urologist mentioned how the repair to my bladder was from a 4 inch cut at a diagonal, he mentioned it was one of the more complex repairs he has had. I remember my gynecologist just kept apologizing after the surgery. I know this can be a possible complication from what I have read but something doesn’t seem right. Everyone tells me I should sue?

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Answer:

You are exactly right that a laceration can be a risk of the procedure because the evaluation of whether the laceration is below the standard of care and it can be complicated and expensive you should concentrate on your recovery first.  Ultimately, you will need permanent catastrophic damages in order to receive compensation over the expenses of the medical experts and after you pay back any health insurer for the amounts they paid for your treatment.  Spasms are normal after this kind of a procedure and it may be a little early to determine whether they are permanent.  In addition, your bladder may fully recover.  Make sure that you speak with your urologist about this and if you fully recover it is likely that you would spend more on expenses even after filing a lawsuit. Contact a medical malpractice attorney in Tampa, FL for a complete evaluation.  

This legal question was provided by Avvo and answered by Betsey Herd an experienced Tampa Medical Malpractice Attorney.  This does not consent an attorney client relationship.