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Medical Malpractice/Was Dr. Neglegent (Malpractice)


Had Litroscopy to remove kidney stone from ureter o e week prior at pre op lab test show bad bacterial infection Dr. To administer antibiotics (infusion) forgot scheduled for surgery following MondY call Dr. ERly morning he assures me no worries will administer antibiotics during sjrgery no danger to do surgery with bacterial infection after surgery my body goes septic (blood poisoning ) respitory arrest critical care unit 10 days almost died no explanation from Dr. As to what happened do I have medical malpractice suit ?

Only a qualified expert on urologic surgery could offer an opinion or value on your "case" and the first step of an attorney taking your case would be to provide your medical records to such an expert for the opinion.  But I can tell you what the issues are that must be answered:

1.  Was it BELOW THE STANDARD OF CARE (these are legal terms of art that are the test in any malpractice case)for the surgeon to proceed with the surgery knowing that there was a pre-existing untreated infection? Only a qualified physician is legally qualified to answer this question.  If the answer is "yes", then;

2.  Was the untreated pre-existing infection the source of the sepsis?  Can this be verified?  People get sepsis in hospitals without pre-existing infections so there must be some medical veification.  For instance, did the pre-surgical infection have the same strain of bacteria as in the sepsis?

3.   Have you made a full recovery without residual problems?  If you made a full recovery.......hope you have.........then the damages are limited and even if the malpractice is clear as a bell, it would still be a hard, long expensive fight for your attorney and no attorney would take the case unless the damages were well into the 6 figures in value.

Whatever the facts, whatever your expert says, the surgeon through his insurance company provided attorneys ...........working on an hourly basis......will argue that the sepsis was unfortunate but it was of a different source and in any event, the defendant surgeon did everything WITHIN THE STANDARD OF CARE.  In other words, if there was a medical textbook on how to handle your case (the STANDARD OF CARE), he will say that he met that standard and the sepsis was just an unfortunate event not caused by surgeon negligence.

I fully realize that you became critically ill and easily could have died from the sepsis and maybe 10 days in ICE does make the damages in your case high enough potentially for some lawfirm to invest hundreds of hours of work over months or years and probably $10,000 to $50,000 out of their own pockets for the chance of earning back that investment and 40% of your recovery............or maybe not.

First question must be answered:  Although it may seem obvious to you, there must be medical evidence that the pre-srugery infection was the source of the sepsis.  So, my advice would be to get a complete copy of your medical/surgical/post-surgical records and contact a large lawfirm in your area that does med mal.  If you came to me, I would simply try to get an initial opinion from some doctor I know as to whether it is likely the source of your infection.  If so, then I would be inclined to pay the bucks for an official review and report.  So get the records and see if you can interest a firm.  You might have to contact several.  They will not ask for any money from you.  The big issue for them will be the damages if indeed you are fine now.  Be mindful of the STatute of Limitations for med mal cases in your can google that.  Good luck

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Glenn A. Dorfman


Thirty-four years experience in personal injury, medical malpractice and medical product liability law. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Also wide experience in medical product defect cases ie current litigation regarding the Johnson&Johnson (DePuy)defective hip implant cases and Mirena IUD issues


Thirty-four years experience handling cases involving auto accidents, trips and fall, fires, dog bite,medical malpractice and defective medical product cases with particular emphasis in 2012 and beyond with the DePuy ASR (Johnson&Johnson) defective hip implant cases. Twenty-five years of experience with defective IUD issues as well

Jurisdoctor Degree 1976 and Member in good standing with CA State Bar Assoc. since 1976

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