I Went in for a Diagnostic Surgical Procedure and My Doctor Accidentally Cut One of My Fallopian Tubes in Half
Question:
The surgery was a laparoscopy to diagnose Endometriosis. The doctor admits it was her mistake and she is not sure how it happened. There are before & after photos from the surgery that show my fallopian tube whole, then another that shows it in two pieces, and cauterized at both ends.
Do I have a malpractice case? I am a 38 yr old female.
Download Our Free Medical Malpractice Guide
Answer:
Yes, I believe that you do have a valid claim. In order to bring a claim to recover monetary compensation in Florida you need two things:
- Substandard care
- Permanent physical damages.
You technically have both. However, I will warn you that your claim may be dragged out by the insurance carriers to force you and your counsel to spend more money than can be recovered or to get you to resolve your claim early. The defense will take the position that you can still have children with one fallopian tube, and many people do just that. In addition, since you are approaching 40 which is the age where many women become perimenopausal, your current circumstances are important. (Are you married? Do you want children? Do you have children?). These issues are important because if you already have 6 children and had decided to stop, or you are not married and do not want children- your damages are very limited. It may be very difficult for a lawyer in Tampa, FL to recover adequate compensation for you because you can live and have a family with only one fallopian tube.
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.
