Legal Question in Medical Malpractice in California
Hysterectomy, took out ovaries (wasn't supposed to and didn't tell me)
I am actually writing for my mother-in-law. She had a hysterectomy a few years ago. Her uterus was falling so she was told it needed to be removed, but her ovaries would stay in. Afterwards she was told everything went fine. She says, in her medical records the dr. who performed the surgery said it went smoothly and her ovaries were still intact. Since, she has battled all sorts of symptoms consistent with someone with no ovaries. Finally, she found a obgyn who has taken this seriously. The new dr. ordered an ultrasound and the tech. told her she couldn't find her ovaries and was she sure they weren't removed. My mother in law was upset and the tech said well wait to hear from your doc. She has an appt. in a few weeks to hear the results, but it seems this surgeon (who is no longer with kaiser) is no longer there. She is certain her ovaries are gone and she is upset. This can't be legal. I mean the surgeion wrote that her ovaries were still there. We will no more in a few weeks, but she has heard that that surgeon was fired from Kaiser some short time ago.
2 Answers from Attorneys
Re: Hysterectomy, took out ovaries (wasn't supposed to and didn't tell me)
You are correct, it sounds like she has a case. It is something that should be pursued right away. I am concerned about the time to file the lawsuit/make the claim, as it has to be done within one year, though that can be extended if there was no knowledge, but no more than 3 years from the initial time period.
We have successfully go against Kaiser many times. Give me a call.
Joel Selik
www.SelikLaw.com
800-894-2889.
Re: Hysterectomy, took out ovaries (wasn't supposed to and didn't tell me)
Sounds like your mom has a good case and one worth pursuing. Kaiser will be responsible even if the MD can't be found. Kaiser needs to be sued in arbitration. Have your mom contact me or some other qualified medical malpractice lawyer to get the case started. No appropriate settlement will likely be offered until the case is nearing a "trial date." Plus the statute of limitations for medical malpractice cases is short and delay can seriously compromise your mom's rights.
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