Legal Question in Medical Malpractice in California

Hello I had a question about a doctor. I went to a appointment for a scheduled procedure that was recommended by another dr. in the office. In any case I was told the procedure would be very simple and would not cause me to even miss work. I came on my lunch to get a Dilation and Curettage (D&C). When I arrived I was taken into a room given a gown and I lied back and waited A nurse and 2 doctors came in, one was mine the other was just observing/learning. Then here comes this huge shot right in the uterus, the local and then that's when I find out that this is actually a small surgery performed under Anesthesia. (Usually in a hospital or surgery clinic) Anyway I was crying so hard both the nurse and the Doctor there to observe had to hold my arms and shoulder so I wouldn't fall of the bed from shaking. ( So humiliating) I was begging him to put me to sleep he said okay just let me do this and it will be over he said you'll feel a cramp brace yourself. Then I felt like he just ripped my stomach out. I know a few of his patients he had, they where sent in the hospital for there D&C why not me? I assume it was because I was on medical @ the time. Any way it has been over a year and I still have very disturbing nightmares and to hear other patients talk like I was crazy to let them do that in the office & it makes me so mad! What do you think?


Asked on 5/20/10, 9:00 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

D&C's used to be done frequently as an abortion technique, but are now done mostly for medical reasons. They are known to be a surgery with risks and aftereffects. If you are claiming malpractice, your claim must be supported by the opinion of a doctor who is an 'expert' in that field of medicine, who is prepared to testify in court that there was medical malpractice, meaning your treatment fell below the acceptable standard of care and caused the damage or death. Neither your opinion about malpractice, nor mine, is relevant or 'proof' of malpractice. Consult with your other treating doctor[s] to see if they are willing to provide that opinion and testimony, or you can contact independent experts for that purpose. Then, if you obtain such an expert's testimony, and if you determine that you have a case with MERIT [provable malpractice and a likelihood of winning], VALUE [substantial provable damages] and COLLECTABILITY [defendant with substantial assets or insurance], then you would have proper grounds to bring your legal claims in a lawsuit. Keep in mind that you have only one year maximum from 'notice' or learning of the malpractice to bring suit.

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Answered on 5/25/10, 9:32 am


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