Legal Question in Medical Malpractice in New Jersey

Do I have a case?

About 1 year ago, I went to--name removed--urologist and had--name removed--''minor'' procedure done to shrink the prostate. Since then, I have E.D. issues and cannot ejaculate. I did not have these problems prior to this microwave procedure, and the urologist says it's nothing to worry about, because sex feels the same. NO IT DOESN'T and how the hell would he know? At no point did he ever state this could happen to me, or I certainly would have thought twice about having this procedure done. I am livid and feel like my life is ruined at 43 years old. Do I have--name removed--case?


Asked on 2/27/08, 12:57 pm

2 Answers from Attorneys
Leonard Haberman Aronberg & Aronberg

Re: Do I have a case?

Dear Sir:

Sorry to hear about your problem and I can understand why this is stressful for you.

I am an attorney who practices in NJ, PA and FL. The issue here is one of informed consent (ie: did you know this could happen to you).

If not, then I think you have a possible case, unless the procedure was very very necessary.

Please feel free to send me an email and we can chat about it further.

Take care,

Lenny

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Answered on 2/28/08, 10:39 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Do I have a case?

I think that this is a known risk of that procedure. My advice is to obtain the records from the doctor and figure out whether you signed any forms that note that errectile disfuncion is an incident of the surgery. If this risk is in writing on any forms that you were given or signed then you do not have a case. But get the complete records first (pay the fees, wait in line etc.) before you see an attorney. After you retain the records (and if you do not see anything in writing warning you of ED) you should call an attorney. But, I am sure that this is a known risk of the procedure.

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Answered on 2/27/08, 2:11 pm


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