Hysterectomy is the second most common procedure among women in the United States. More than 22,000,000 have had a hysterectomy. According to 2011 Women’s Health Stats from the American Congress of Obstetricians and Gynecologists (ACOG), over 500,000 hysterectomies are performed annually and 33.3% women will have this procedure by the age of 60. In 2008, 18% of all hysterectomies were performed as outpatient surgeries.
Hysterectomy is the second most common procedure among women in the United States. More than 22,000,000 have had a hysterectomy. According to 2011 Women’s Health Stats from the American Congress of Obstetricians and Gynecologists (ACOG), over 500,000 hysterectomies are performed annually and 33.3% women will have this procedure by the age of 60. In 2008, 18% of all hysterectomies were performed as outpatient surgeries.
Like all surgeries, hysterectomy does not come without risk. In some cases where things go wrong, the medical provider could be liable. If your hysterectomy caused you to suffer an adverse outcome, you might be wondering if you can or should issue a medical malpractice lawsuit against your physician.
Common Complications and Types of Malpractice
A hysterectomy is the surgical removal of all or part of the uterus. As mentioned, it is one of the most commonly-performed gynecological procedures in the US.
The most common complications that come with hysterectomy include:
· Ureteral injury
· Bladder injury
· Small intestine or bowel perforation
· Mechanical obstruction of the intestines
· Vaginal vault granulation
· Post-operative infections
The main malpractice liability causes that stem from a hysterectomy are:
· Negligently contributing or causing to any of the risks mentioned above
· Failure to inform patients of risks
· Failure to get the patient’s permission before performing new procedures, except in emergency situations
· Improper diagnosis and/or improper or unnecessary procedure
Proving Medical Malpractice after a Hysterectomy
Although you may have experienced an unexpected result after getting a hysterectomy, it does necessarily mean that it was caused by malpractice.
In order to ensure that your malpractice case against your gynecologist or other health care professional involved in the procedure is successful, the first thing you will need to do is prove that your doctor did not provide the same diligence and quality of care that a competent gynecologist would have provided in the same circumstances.
It is likely that you will need to find an expert medical witness, usually a practicing gynecologist, who has experience in performing hysterectomies to testify what the proper standard of care was and whether that standard was maintained by your gynecologist.
Second, you will be required to prove that your gynecologist did not maintain the medical standard of care under the circumstances and that your gynecologist’s “sub-standard” decisions and actions while performing the surgery caused you to suffer injury.
In other words, it is quite a huge challenge to find out at the outset if malpractice was committed by your gynecologist in the eyes of the law. It is only in a few situations that malpractice liability will be fairly obvious, e.g. leaving behind a surgical sponge in the patient.
The Best Law Firm on the East Coast
If you have suffered injury due to your gynecologist’s negligence while performing a hysterectomy, you should seek the legal advice of one of the skilled malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000.
The first meeting is free. Give us a call. We are not paid until you are paid. You pay us nothing up front. We know what legal buttons to press and when to press them. We know how to exploit weaknesses in the other sides case.
