Legal Question in Medical Malpractice in South Carolina

unnecessary removal of a healthy gall bladder

i live in north carolina and had surgery in south carolina for removal of my gall bladder. the e-ray physician said my gall bladder was full of stones and i had a blocked duct. after the sugery, i went home the same day and ended up back in the emergency room with terrible pain. the surgeon told me that he may have punctured my diaphragm or my bowel and had to take me back to surgery. he said they found nothing wrong after the second surgery. well when the pathology report came back the surgeon told me my gallbladder was completely healthy and there was no blockage. there was nothing wrong with my gallbladder. now they want me to pay a 1500.00 bill for these two surgeries that were unnecessary to begin with. is there anything i can do?


Asked on 1/03/02, 9:49 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: unnecessary removal of a healthy gall bladder

As the surgery was done in South Carolina, SC law is likely to apply, so you really need an answer based on SC law. Your issue, however, seems to be a mixture of contract law and malpractice law. You may have a viable defense to the charges, and they may be willing to reduce it. You are likely to face the contention that diagnostic imaging is difficult to read, and the interpretation of them is subjective. You may also face the argument that the doctors were being conservative, and looking out for your health, in proceeding with the surgeries.

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Answered on 1/04/02, 4:18 pm


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