Legal Question in Medical Malpractice in United States
I had umbillical hernia repair last week but the surgeon ruined my belly button. It doesn't even look like a belly button or at least what it did before surgery. I'm suffering now with pain and mental distress. The surgeon never mentioned that this would be the outcome of the surgery. He didn't mention that my belly button would look so different. I now am so depressed and feel that my body is ruined. I don't know what to do but I want your help. Do I have a case? I want my belly button back. I have photos of before, after hernia, and after surgery. The scar is also larger than what the doctor told me it would be. Please help me. The pain and mental suffering is ruining my life.
3 Answers from Attorneys
You don't have a case that is worthy of filing a lawsuit against the doctor. The doctor repaired your hernia, and all you lost was a cute belly button. The jury is unlikely to think it was worth their time away from their own lives, against their consent, to assess the value of your cute belly button. Should they somehow find the doctor was negligent, which is unlikely, they're not likely to determine that your cute belly button was worth a significant amount, almost certainly not enough to justify the great expense of mounting a medical malpractice lawsuit, that the doctor will defend vigorously. Shit happens. People die young from cancer, violence, and poverty. Losing a cute belly button pales in comparison.
Thank you for your inquiry. If you have a significant permanent cosmetic deformity which cannot be remedied by surgical intervention, and that deformity was due to a deviation from the standards of surgical care, you may have a viable claim. Please feel free to contact me or one of my partners to further discuss you potential claim. (973)635-5400
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