AboutEdward A. Smith Expertise California Personal Injury lawyer with 18 years of experience handling automobile accidents, dogbites, slip and fall cases as well as medical malpractice cases will answer your questions regarding these areas. Valuestar Certified. Author of "Top 20 PI sites on the Internet" for Law Office Computing Magazine
Question My doctor told me the only side effect of my total hysterectomy would be "some" vaginal dryness and slight weight gain.
The dryness I can handle; however, my doctor never told me a side effect was painful intercourse. This happened 8 years ago but has gotten progressively worse to the point now where I have to see a specialist as my new physician has not seen a case like mine to where I can't even undergo a gynecological exam without jumping off the table. I realize the statue of limitations in my state has expired. I don't question that the surgery was successful. I do question why my doctor failed to tell me all of the facts. Had I know then what I know now I would have tried other remedies before agreeing a hysterectomy was the way to go for resolution to my medical problem. All of the intimacy has gone from my marriage as my husband doesn't want to feel like he's stabbing me every time we try to have intercourse. Do I have any recourse in terms of a civil action against my former physician?
Answer Mariel, I'm only licensed here in California, but I suspect the statute of limitations has long passed in most states in the union. To be sure, you would need to check with a medical malpractice specialist in your state.