Legal Question in Medical Malpractice in Maryland

surprise splenectomy

i had surgery for esophageal cancer in jan 2003. since then i have had several tests done, both in the hospital and at other medical facilities. everyone examining my results kept mentioning my splenectomy. i kept saying i didnt have one, and they kept saying i did. my husband and me were never told this was done or authorized this procedure. my oncologist told me he would find out from my surgeon wether he removed it or not, but everytime we ask him, he says he forgot. i have had several bad infections that i feel i wouldnt have had if my spleen was still intact and performing like it should. isnt my surgeon responsible for not telling me it was removed?

i look forward to receiving your answers. thank you.


Asked on 5/15/04, 1:37 am

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: surprise splenectomy

The facts you present are indicative of a failure of informed consent. This, in and of itself, is actionable. You, however, should understand that there may be exceptions that apply and this may eliminate the physician's liability or significantly reduce your recovery of damages. This area of law is complex and you should not attempt to pursue this without an attorney.

Other actions may be present with your situation. An attorney should review your situation and assess the facts.

Lastly, you should understand that there is a statutory process underwhich medical malpractice is adjudicated. And, should your matter result in a trial, the standard of care modifies to fit reflect global and local standards. Again, these matters all depend on the facts of your case and the strength/weakness of your evidence.

Call me to discuss. Joe Holthaus (410) 799-9002

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Answered on 5/15/04, 4:46 pm


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