Question I had a hysterectomy in 1992. I went to see my general Dr. for an unrelated problem 3 months ago. She ordered a CT scan. The scan was of the chest and showed a portion of the kidneys. My right kidney was showing that it was enlarged. She sent me to an urologist who did another CT scan which showed the kidney. The right kidney was very large and full of fluid and the ureter was tortuous. I got a second opinion from another urologist who had a 3rd CT scan done to include the pelvis. This CT scan showed the damaged kidney and in the report advised that the ureter was at the site of the hysterectomy and probably damaged during surgery. The urologist advised this was the case and advised to have the right kidney removed. It has no function and is full of fluid. Over the years I have stiffness from arthritis so I took over the counter pain meds for that so any pain from the kidney, I did not feel. When my general Dr. saw the results of the CT scan she said only tylenol small amounts to be taken. Once I was off naproxen, I started to feel some pain from the right side. I am 57 years old and am quite concerned as I age that the possibility of the other kidney having problems, can happen. I also have to go through another surgery, which I am fearful of. My creatine has been good because of the other kidney working so well, so I had no idea of the damaged kidney until the last 2 months from the CT scan. Do I have a case?
Answer You may have a case, but time is an awful enemy.
The surgery for the hysterectomy probably did result in injury to the ureter. My guess would be that the ureter was caught in a loop of suture or a clamp and closed so it was useless. However 1992 is obviously beyond any normal statute oif limitations. One escape from this restriction is that in most States the statute usually says within a certain period (a year?)or from the date the patient first knew or suspected malpractice. So you may be well within the statute if your state law has this provision. You should see a malpractice lawyer now and get that part straightened out. Make sure you don't accept a guess by the lawyer. He should get out his books and look for the statute in your state, and changes to the statute.
Now, for the future. Don't jump off the cliff yet. One kidney is often enough to protect a life. You probably have read of brothers or sisters who donate a kidney to their sibling. They do that because they are assured that their remaining kidney can handle things. Apparently you have yet to have the surgery for removal of the damaged kidney. You should follow the instructions of your urologist. After all, you have had two diagnoses, and they agree. Just choose the urologist you have the greater trust in. You should have a fairly uneventful future. Good luck.
