Re: A few words about the law...

From: Lisa (
Thu Jan 17 18:11:47 2002

At Thu, 17 Jan 2002, cathy:- wrote: >
>At Thu, 17 Jan 2002, Lisa wrote:
>>Cathy- I have a question for you, don't know if you can answer it, but-
>>my doctor told me I had to have my hysterectomy done adominally because
>>my uterus was too enlarged turnsout it wasn't enlarged, his mistake.
>>That surgery caused major adhesions and major PAIN! I had another doctor
>>do a laparoscopy for adhesiolysis in October. When I asked the first
>>doctor why he didn't want to do my laparoscopy he told me he didn't have
>>the skills to do it, which makes me think he didn't have the skill to do
>>my hysterectomy laprascopically, so he had to do it abdominally and he
>>just gave me an excuse! Does this sound like something I could sue him
>While I'm not an expert, that seems like EXACTLY the thing that you
>could sue for. If your town is like any other town, you've got dozens
>of ambulance-chasing lawyers out there advertising their services. The
>town I used to live in even had a firm that had a lawyer who is also an
>RN. You need to start asking around your friends and relatives as to
>who is a trustworthy personal-injury lawyer, and then go talk to the
>These sorts of injury lawsuits are almost always done on a split basis
>where the lawyer gets to keep some percentage of any settlement that you
>get, usually between 25% and 40%, and if you lose you walk away and owe
>the lawyer nothing. So you are essentially trying to "sell" the lawyer
>that there is a strong argument for a big-money payoff, big enough money
>that the lawyer's take will make it worth his while.
>There is also the question as to whether the hysterectomy was necessary.
>Were you were having problems? What about consent? If you had any idea
>what kind of life "adhesions" would mean and if you had any idea that an
>abdominal hysterectomy puts you at something like a 5% to 10% risk of
>this happening, would you have consented to the surgery at all?
>And then there is the question of his surgical technique. An abdominal
>hysterectomy is more likely to cause adhesions than a laporascopic one,
>but there are a whole list of things that distinguish a "good" abdominal
>surgery from a "bad" one, and the lawyer can use depositions to find out
>if they followed the rules for meticulous surgery, too. Print out that
>list of surgery techniques and take it with you to the lawyer. And also
>Helen has posted lots of articles talking about the comparative adhesion
>risks for various kinds of surgery -- print those out and take them with
>you, too.
>Basically in your meeting with the lawyer you want to make the case that
>1) you were injured by the surgery (which you can show with the
>operative report from the 2nd surgery) and these are significant,
>life-altering injuries
>2) the surgery could have been avoided completely, or done in a
>different way so as to significantly reduce the probability of injury.
>Stay focused on explaining to the lawyer these 2 things. If the lawyer
>"blows you off" then don't take this as a sign that your case is week.
>Take this as a sign that you need to refine and focus your argument, and
>perhaps just find a different lawyer who "gets it" better.
>cathy :-)

Cathy- I had HEAVY periods, with terrible cramps that lasted for 5-7 days, and came every other week. So basically I had 2 of these nasty periods every month. This went on for 8 years.( I didn't realize it had been that long until I finally decided to do something about it) My doctor talked to me about endometrial ablation, but he said it would only maybe take care of the bleeding, not the cramping. It took me a long time to wrap my brain around the idea of a hysterectomy, but everyone I talked to that had had a hysterectomy said it was the best thing they ever did. When I finally decided that I had enough of the terrible periods and that I wanted to go with a hysterectomy I went to see my doctor. He never once mentioned the possibility that adhesions could get this bad. My experience up to then with adhesions was the sharp pulling feeling, I had had 2 surgeries for those kind of adhesions twice in 20 years, not a huge problem for me, or so I thought. The problems I'm having now are a whole new ballgame for me. I had NO IDEA that it could get this bad!!!! I honestly don't remember what the consent said, I suppose I should get a copy. Where do I find these lists you talked about?


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