Legal Question in Medical Malpractice in Indiana

sloppy surgery

On July second I had a total abdominal hysterectomy. I was refered to the OBGYN by family Dr. Surgery went well and at my post op examination Dr. discovered that he had inadvertantly left in cervix. This resulted in monthly bleeding as I kept my ovaries. Also some spotting after lifting and intercorse. In pre op tests it was stated that there were small cysts on the cervix also. On Feb.1 I will be going into the hospital to have the cervix removed. I want to know if the first OBGYN can be held responsible for my aditional time off work and out of pocket expenses. Also what steps I need to take. Thank you.

Asked on 1/18/02, 2:41 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: sloppy surgery

The offending surgeon should graciously pay your hospital expenses and lost wage expenses. If you want to proceed with a malpractice complaint in Indiana, you need to first file a complaint with the Indiana Department of Insurance, so a medical review panel can determine whether or not the surgeon was negligent.

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Answered on 1/21/02, 8:46 am
John Cook Dunn & Cook

Re: sloppy surgery

I would ask the surgeon in writing to pay for any additional expense that you incur due to the second operation. It is hard telling whether he will respond, turn it over to his attorney or insurance carrier, or do nothing. If he does not respond or refuses to reimburse you, you will have to proceed to litigation to be compensated.

In order to initiate litigation, you have to file a complaint with the Indiana Dept of Insurance. A medical review panel will review your claim, hold a hearing if necessary, then issue its report. Although a report from the review panel that finds no fault on the part of the doctor does not preclude you from still going ahead with the lawsuit, it makes it tougher to win in court as the doctor will present the "clean" report as evidence that he met the rquisite standard of care. There is a strict statute of limitations on filing the complaint with the Dept of insurance, and if it is not followed, then you are precluded from filing a lawsuit against the doctor.

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Answered on 1/22/02, 4:26 pm

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