Patients who are expecting to undergo surgery often place a lot of faith into the doctors conducting the operation as well as the facilities where the surgery is taking place. However, even with all of their expertise, doctors in Chicago make mistakes and those mistakes can be detrimental for the patient. Surgical errors are just one way that a physician can make a medical mistake, but they often result in dramatic consequences. For instance, one woman who recently filed a medical malpractice suit alleged that her doctor removed one of her ovaries without her consent.
Records show that a surgery was performed in January 2010. The suit indicates that the surgery was a myomectomy, a procedure that removes uterine fibroids from the patient. Instead of just removing the fibroids, the lawsuit contends that the operating physician removed the plaintiff’s left ovary. According to her, there was never any permission given for this. This mistaken removal has brought the patient, the doctor and the hospital to court. The doctor and the hospital have been accused of negligence in the lawsuit.
The lawsuit was filed in April of last year and, according to state law where the suit was filed, the plaintiff must have expert reports submitted with the claim. In August, the defending doctor objected to the expert reports submitted by the plaintiff, saying they were speculative. In September, this objection was ruled on and denied. However, last month, the plaintiff filed a motion to compel expert witness reports from the defense. It is unclear how this will affect the case, but it will see a number of opinions and the factual reasons for them brought into the courtroom if the motion is approved. Regardless, the woman is seeking damages for her impairment, mental anguish and medical expenses.
If you or a loved one has been injured by a surgical error, consider speaking with an attorney who specializes in medical malpractice. This could give you the opportunity to balance out the expensive costs that such mistakes can bring with them.
Source: Southeast Texas Record, “Plaintiff seeks to compel expert reports in med-mal over ovary removal” David Yates, Jun. 03, 2013