Legal Question in Medical Malpractice in Florida
Bladder Laceration during Cystocele Procedure
My wife, on the 23rd of March 2009 underwent a total vaginal hysterectomy, a cystocele and rectocele repair, and bladder sling. During the operation, post hysterectomy portion...the doctor while making his anterior incision into the vaginal wall lacerated my wife's bladder. This was not identified at any time before this surgery as being a possible complication of this procedure. A urologicalgynecologist was called in to make the repair and all other portions of the surgery ended at that juncture. What qrounds, in any, do I have to take action against the Gyn doctor? Is this and should this have been explained as a possible risk factor (regardless of how slight) to us prior to the surgery? In short, do we have a case? Is this a known/common occurence during this procedure? Thank you for your time.
2 Answers from Attorneys
Re: Bladder Laceration during Cystocele Procedure
This does happen and is a risk. Whether it happened here because of negligence or not is hard to say. I doubt that you could convince anyone that had you been told of this specific risk that you would not have undergone the procedure. There were other, greater risks that you were informed of. Sounds like the nick was repaired, so if there are no complications, the damages are not really sufficient to pursue any claim either because the cexpense associated with bringing the claim itself and the liens that will exist.
Re: Bladder Laceration during Cystocele Procedure
It is hard to say what kind of case, if any, that you have at this point. You have not indicated what damages have resulted from the doctor not telling you about the risk. Would your wife have gone forward with the surgery had she known of the risk? Did she have a choice?
It is likely too early to tell what damages there are. Right now you should focus on your wife's recovery and see if there are any long term effects from the lacerated bladder. Get all of the facts before rushing to an attorney.
If there is a long term or permanent injury and damages then I encourage you to consult personally with a med mal attorney (not through a forum or email) to discuss your particular case. If you need help finding one in your area I would be happy to assist you.
Good luck, and I hope your wife will be ok.
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