Legal Question in Medical Malpractice in California
malpractice
May 29th I went in for a surgery. I went in for an ovarian cyst drain possible ovary removal. I was later told that the sergeant did neither cause when he went in the cyst was no longer there.
Two days later a surgical instrument fell out of me while I was walking. I called the help nurse and she said that since I am not vomiting or have a fever just to call the ob dept and tell them what happened and to be sure to bring the instrument when I see them. I called again on Monday and the doctor called me back to see if everything was ok. I am fine I had my follow up 3 days ago and I have no infection.
My question is- can I sue even though I am fine? The doctor repeatedly blamed it on his nurse. But I still feel that there was some carelessness there. The piece that fell out of me was pretty big. And since ovarian cyst come and go shouldn�t he have done an ultrasound before the surgery. I have Kaiser and I know they like to save money anywhere they can. But still�
3 Answers from Attorneys
Re: malpractice
A malpractice suit requires injury. You have some injury technically, but nothing worth suing over, thank goodness.
Re: malpractice
See a lawyer in your area immediately.
** Do NOT give back the surgical instrument that fell out of you. **
Since you have Kaiser, you agreed to "arbitration" and you gave up the right to sue for malpractice, so it will be hard (but not impossible) for you to find a lawyer. Keep trying. Watch out for legal time limits.
Re: malpractice
Mr. Stone's answer is excellent. Follow his advice.
Since you have a Bakersfield zip code (as do I), let me know if I can be of further assistance, but whatever you do, do not wait very long before finding a lawyer.
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