Can I sue regarding a surgery that I was not fully informed about?
Question Details: I had a hysterectomy as a cure for endometriosis I was told it was total with nothing remaining but the left over 2 years later at work I was hit with extreme sharp pain that almost made me pass out. I went to the emergency room after taking a urine and blood pregnancy test and ultrasound and transvaginal. I was told it was a ruptured cyst. When asked why they did pregnancy tests when record of my hysterectomy should be on file, I was told to see my gyno. It turns out that he left my left tube and ovary and they thought it was an ectopic pregnancy. When I asked the doctor he couldn't remember what he took out. His files showed I had both ovaries. He never retested just changed his records to reflect what I told him. The operative report shows only right side was removed. Since than I have been in pain and all he's done is suggest more surgery and pain pills; it's been 2 months. I look about 3 months pregnant with symptoms and he's doing nothing. Do I have a suit?
You seem to have grounds for a malpractice case, since at least one of the following occured--
1) The doctor did not inform you as to what surgery was being done, and so did not get your consent; or
2) The doctor deliberately did not do the surgery you agreed to; or
3) The doctor carelessly failed to complete the surgery or make sure he had removed everything.
Any of the above would be malpractice (provision of medical care that does not meet accepted standards for care). It would be worth your while to consult with a medical malpractice lawyer; many such attorneys provide a free initial consultation to evaluate a claim, and you could confirm that prior to making the appointment.