Legal Question in Medical Malpractice in Kentucky

My wife got a c section and during the surgery the doctor left his electric cutting tool on her leg instead of putting it back on the tray while he was feeling in side her he triggered the cutting tool and it cut a deep 3 inch wide gash in her leg. Do we have grounds to sue.


Asked on 5/20/11, 11:46 am

1 Answer from Attorneys

Andrea Welker Welker Law Office

Ouch. There is definitely a cause of action there, but the question is one of damages. Since she was having a c-section at the time, I would assume she did not feel the cut, since she would have been numb. Her damages would be limited to what, if any, pain and suffering she endured afterward, and what scarring she has been left with. Unless of course, it caused some sort of major complications, cut through muscle, hit a major artery, bad infection, etc. Ultimately, I don't think her damages will be much otherwise.

You can certainly find an attorney to consult with concerning a malpractice case, but you might have better luck working something out with the hospital or practice group yourself (lest your attorney take 40% plus costs). Find an attorney in your area who does medical malpractice and ask for a consult (most attorneys will give consults for free). Find out what percentage of the settlement/judgment he or she will take, in addition to costs.

Also, just talk to the hospital/practice group and see what can be worked out. They might be jerks about it, or they might be grateful for the opportunity to resolve the matter without making a claim on their malpractice insurance.

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Answered on 5/23/11, 1:57 pm


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