In need of legal advice

in feb I was diganosed with an ulcer. March 19th I was scheduled for endo to see if ulcer has healed . I wake up from the endo in horrible pain and was told that the ulcer caused a huge whole in my pouch and was leaking onto my liver and bowels. I have a fister from the ulcer where it ate a whole thru staples at the seam of my pouch. I ended up having surgery to repair the whole the ulcer caused. Today i had my one week checkup from that surgery and had staple removed. I was told that the whole was casued by the endo Dr trying to stretch the ulcer, which is common practice but risky my dr said.
My question is that  should I take legl action against the endo dr that caused this huga whole in my pouch and me ending up having surgery and all this pain.

If the doc really caused the problem, I would at least want him to pay for the surgery and for any time missed from work and stuff.

I'd speak to an attorney that specializes in medical malpractice.

Be really careful about getting legal advice online because laws vary from state to state and even if someone here is a lawyer, it would be hard for them to advise you without actually seeing the medical records and stuff (and I doubt an attorney would even try to advise you online, they should know better).

Kelly is right about tort laws, especially medical tort laws.  Also, keep in mind that generally, you would have to prove negligence on the part of the doctor.  That may be the case but can be hard to do sometimes.

Good Luck.
Steve

I am noit out to get any one or money , I just have some family members that are pushing the fact that it was negligence on the dr's part. My surgeon said this was a ommon thing to do with ulcers but can be risky. I feel that the dr. was trying to help but things just went wrong. I am not really feeling that he was being negilgence .

 If the doctor was going to do anything risky, you should have been given informed consent. I would, at the very least, talk to a lawyer. Most offer free consults, and it can't hurt.

Of all the thousands of endoscopy reports I have reviewed, I have never seen a gastroenterologist try to stretch an ulcer. Never. This is an area that might be bleeding, might be on the verge of perforating, etc.
A stricuture, yes. Ulcers they might try to electrcoagulate a bleeding or visible blood vessel.
The question is: is this really an ulcer? Or maybe a perforated ulcer that he tried to close up without success? In which case you are headed to the OR anyway. And when did the fistula develop? From the ulcer?
There is a difference between a bad outcome that can't be helped because your body didn't react the way youwant it to (think gaining weight or adhesions or not healing from surgery in the first place) vs. negligence.
Try not to jump to conclusions. Something here doesn't make sense. Ask for a better explanation first.
This is also good reason to go to a physician who has experience with RNY patients.

I am sorry if you took that wrong.  I understand you are not out to get anyone.  Just that tort law is kind of funny.  You need to make sure you get the right type of legal counsel.  Sorry to hear you are having issues like that.  It is hard enough without extras we did not need.

Good Luck!!
STeve

I'm trying to figure out why an ulcer would need to be stretched?

i think you need to get the notes from the hospital medical records and then set down and talk to your surgeon.  Explain you do not feel like something is right.  I have also never heard of a ulcer being stretched.  Something does not sound right.  MAybe the surgeon can show you where the ulcer is and why it was treated by trying to stretch. 

Tell your family that you are going to do more research and then you will decide.  But first get all of the medical records.  It is your right to get them.


Tamara