Legal Question in Medical Malpractice in Kansas
Death from strangulated hernia emergency surgery resulting from Dr. ignoring he
Is a physician liable if he recommended that his patient(a stage one colon cancer patient treated with chemotherapy for 5 months) ignore an incisional hernia (that happened as a result of the original surgery for the colon cancer)in favor of continuing the chemotherapy for another few months instead of stopping the chemo to get the hernia fixed.... afterwhich the hernia becomes strangulated (blood flow is cut off)necessitating emergency surgery that results in Death. The research shows that incisional hernias have a 10% chance of strangulating and emergency surgery from strangulation has a 3%-50% chance of death, depending on
factos such as age, existing disease, things that the doctor would be aware of. Alternately, is the doctor liable if he recommends stopping the chemo to fix the hernia and the patient later dies from cancer?
1 Answer from Attorneys
Re: Death from strangulated hernia emergency surgery resulting from Dr. ignorin
There are many factual questions to be answered here. In general, the plaintiff, in this case the Estate and/or the heirs of the deceased victim of malpractice, must prove that the doctor deviated from the standard of care for treatment of the strangulated hernia and that this deviation caused or substantially contributed to the death of the patient. Do you have a doctor's opinion that the treating doctor deviated from the standard of care. This is not essential at this time, but would be helpful. I do think you need to discuss this case in detail with a medical malpractice attorney. You can call me to discuss the case at no charge if you wish.
Jim Wisler
Wisler Law Offices
Personal Injury Lawyers
1311 Wakarusa Drive, Suite 2200
Lawrence, Kansas 66049
866-844-4110 toll free
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