Ok. I’ve been having “female problems” for about five years. It has mostly consisted of a persistent cramping pain in my right lower abdomen. The first year of pain I had a laparoscopy that turned up no abnormalities, but I still had the pain.
The last few years the pain has worsened to the point that I have been on narcotic painkillers almost daily. It has been very difficult. In January, I had a second laparoscopy which identified a very small patch of endometriosis on my LEFT side. It didn’t make sense, as my pain has always been on the right. Again, the pain persisted.
I switched to my current gyno back in March, hoping that she could shed some light on this. After an ultrasound that turned up nothing, her suggestion was to remove my right ovary and fallopian tube. I agreed to this, thinking it was my only real conservative option.
Now, about a week before the surgery she was examining me and said she wanted to press on a certain muscle to see if that could be causing me pain. She pressed on it and I nearly jumped off the table in pain. She then said, “It looks like you’ll probably have to have some physical therapy after your surgery.” I didn’t think that much of it because I trusted her and thought she would do the right thing.
I went through the ovary removal, etc. and still have the pain as bad or worse as it’s ever been.
Last week I had my first visit with a physical therapist, who, in a matter of minutes, pinpointed my pain and said I have a muscle that is in a knot. She pushed right on it and that is exactly where my pain has been all these years. She said I’m having muscle spasms, etc. and thinks she can remedy the problem in a matter of months.
So, it looks like I had my ovary out for no reason whatsoever. I want to know if I have a case for a lawsuit. Does anyone have any experience with this?
Oh you poor thing. I am sorry you are in such pain.
I would first go to another doctor for a second opinon and then I would venture to a lawyer who specializes in malpractic suits.
The attorney has a physican on staff that reviews all the records and would be unbiased in making such a decision. Even if nothing comes of a lawsuit it would put your mind at ease.
The attorney for malpractice in our area doesn’t charge a dime unless they collect a settlement so maybe in your area it is the same. You have nothing to lose.
First off, Indygrrl , let me say I hope this will all turn out ok and that the pain will subside (and the need for painkillers too, esp of the narcotics variety).
Now for the rest of it. (Please take this with a grain of salt, I work for an insurance co. as an accountant and deal with Medical Malpractice claims).
I believe that you will have a claim against this doctor. Most likely you will win and it will settle out of court and your lawyer will get somewhere between 25-33% of your settlement. (So, knowing that, if you hired a lawyer whose payment is contingent on settlement funds, maybe you can bargain him/her down on their percentage).
Some things that will come up to think about:
Should the claimant (you) have gotten a second opinion as to the cause and why didn’t she?
If it weren’t for the Dr’s referral to physical therapy after the surgery, would you still have this unresolved.
Would the Dr. have been able to figure this out without removing the ovary?
Will a financial settlement make this whole thing better?
How affected is your quality of life with just the one ovary?
Are you going to be ok finding another OB/GYN as once you sue this one, you’re probably not going to be the most welcome patient?
Some of these I’m sure you know the answer to (and some are pretty obvious too).
So, IMHO, it sounds like you do have a fairly solid case against the Doctor. Whether it’s worth pursuing or not is up to you.
Definitely consult with an attorney. Having only one ovary could have considerable quality of life issues if you wish to have children in the future, especially if you have none now.
In the meantime, best wishes with your physical therapy. I hope you have a swift end to the pain that’s plagued you.
I will play the devil’s advocate. Medical malpractice generally involves negligence by a doctor. You are the victim of a misdiagnosis. As far as the surgury itself, if all went as planned with no complications, your only claim will be for the pain and suffering. The defense attorney will ask you questions that can pick apart a case very easily. Did you seek a second opinion? Your problem was muscular, did you consider seeing someone besides a gynochologist? The lawyers will try to place all the blame (and negligence) on you.
You do have a valid claim for what you went through, be prepared to fight though, insurance companies will and do fight for their clients, especially in medical malpractice cases. Good luck.
IIRC from previous postings, Indygrrl has one child (male, I believe) who is … 7? Something like that. I am, of course, open to smackdown and such from her should I be shown wrong:D
[sub]She’s from Coltland … she can do whatever she wants to me.[/sub]
We all seem to put way too much faith in doctors and take their recommendations without giving it a second thought much less getting a second opinion. The OB/GYN could not find a reason for your pain except mild endo on the left side, even though your pain was on the right side. How does that warrant removing a viable ovary and tube?? I would be pissed off if that happened to me. You went through and paid for an unnecessary surgery that could (and probably will) affect your quality of life regardless of whether or not you want to have children/more children.
I know first hand that infertility is a terrible thing and it is very expensive to try to have a baby through infertility doctors. Since you only have one ovary and one tube the chances of you conceiving naturally have significantly decreased and if you want more children you will have to have medical intervention. Very costly!
I have a similiar issue myself but haven’t thought about suing because I don’t feel I have a strong enough case. I’m curious as to what the lawyer told you.