Legal Question in Health Care Law in Massachusetts
Crooked after surgery
I had laparotomy weeks ago. My ObGyn doctor removed two ovarian cysts from my body and left some ovary tissue. I thank her on this point. But she didn't do a good job on suture line. It is crooked and it's uneven, right side has bulge, left side is normal. You can easily tell by the middle line through abdomen of women which darker than normal skin is crooked about 1.5cm. I feel very bad about myself because of it. It's impossible to redo, but Doctor should have done much better job than this. She should match the middle first (other doctors said). She told me she is experienced about this kind of surgery and no complication. I don't know if it's kind of malpractice, if not what is it? Can I sue in this situation? Or she has nothing to do with it. All I have to do is accepting what it is although it bothers me a lot.
Thanks.
1 Answer from Attorneys
Re: Crooked after surgery
Did you ask the doctor why it was crooked?
A laparotomy usually involves a small incision, but you appear to be describing something larger, or two incisions, which implies a bilateral operation.
Many surgeons do the main procedure but rely on interns or associates to open and close. They are still responsible for the procedure being done properly.
Whether it is malpractice or not, I can't say. You have to have a surgeon who does these operations examine the records and your suture lines. Since it appears to be a permanent condition, if it will be visible and objectionable (other people would regard it as disfiguring), if you wear a bathing suit, say, it might be worth exploring with a personal injury/malpractice lawyer (like lawdocs).
Your internal organs are not symmetrical, and it may be that something required the difference, but the doctor should have explained what happened. Surgeons often do not care to be questioned, which is the main reason they get sued. Most patients can accept if there was a problem if the doctor admits it and offers to make good on it.
Malpractice in MA requires first presenting the case to a medical malpractice panel. There are also limits on when you can ask for pain and suffering compensation (which would include the humiliation of a disfiguring scar). From what you have described, I would suggest exploring it with a medical malpractice lawyer/lawfirm.
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