Legal Question in Medical Malpractice in California

Re: unecessary surgery

One of the primary pieces of information needed to determine if the doctors went too far is the informed consent form signed by your wife prior to the surgery. If it lists procedures ONLY related to the pancreas, then you MAY have a case. However, in my experience, the doctors tend to fill out the forms in very broad terms, thus allowing them to pretty much do what ever is necessary, in their medical opinion.

Another item to look at is the pathology report on the removed gall bladder. Was it normal??

Your matter requires a more indept look at the medical documentation prior to rendering an opinion regarding malpractice.

You should seek out an attorney who specializes in medical malpractice in your community and ask for a free consultation.

Finally, you may be prevented from filing a malpractice case and be required to file for manditory arbitration. This depens on your medical insurance carrier.

Re: unecessary surgery

You need to learn what Releases and disclosure were signed by your wife before she underwent the surgery. If it was the appropriate thing to do and there was no option for the doctor to do but to remove the gall bladder, there would be no negligence. What were the down sides of removing the gall bladder, and what were the upsides? How easy would it have been for the doctors to discuss the surgery with you before removing the gall bladder? Would a delay have cause a risk to your wife. You must discuss with another doctor what the appropriate standard of care would have been of the doctors performing the surgery.