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Inguinal Hernia Surgery

Been the victim of Legal Malpractice? Discuss it here.

Inguinal Hernia Surgery

Postby eochaidh94 » Thu Feb 05, 2015 11:18 am

I went in for a inguinal hernia repair surgery June 2007, I approach my primary physician that I was experiencing pain and he referred me to a surgeon.(I will refer to this surgeon as Dr.X.) Dr.X met with me in his office for about twenty minutes he did a basic exam and told me the mesh had come undone and he wanted to do surgery the next morning. He did no pre-op, no ultra sound, no blood work, no X-ray.(I have very good insurance that would have covered any pre-op expenses and the surgeon was located in a hospital that had all the facilities to do this work-up.) I did not question the surgeon and I arrived to the surgery as planned. An out patient procedure, fairly routine. When the surgery was done Dr. X spoke to my wife in the waiting room and told her that he ran into a little problem the mesh was entangled into the spermatic chord and so he "just cut it" so there was a more bleeding than he expected. My wife questioned Dr.X; what do you mean you "just cut it" Dr.X said will it is like a high vasectomy and walked away. I went home a few hours later. The swelling in the testicle region was bad and after two days was becoming extremely worse. I was experiencing a lot of pain and I had a temperature. My wife called Dr.X's office and was told this was normal. Three days post-op my temperature was 106 degrees and the swelling was larger, I was becoming lethargic. My wife called Dr.X's office and told them she was taking me to the ER. Dr.X met us at the ER took one look and called in a urologist, they conducted an ultrasound that revealed the blood flow exiting my right testicle region had been cut off and this had infarcted the right testicle and emergency surgery was needed because I was going septic. Almost a year later, I have had several issues with pain in the groin and lower back area. The area was traumatized led to nerve damage and due to me walking different due to the pain I have severe myofasciatis. I am on several pain medications and attend physical therapy three times a week. This has also led to intercourse being very uncomfortable and the pain causes me loss an erection. I did contact an attorney, who ordered my medical records and had them reviewed by a medical records review service. Whom replied back that they did not feel that Dr.X had offered a substandard care. How can this be possible? He did not do any pre-op work-up; at the very least an ultra sound would have showed that the mesh was entangled. Dr.X "just cut" the blood flow from my right testicle causing the condition I am still living with today. Do you have any advice what to do next? Thank you.
eochaidh94
 
Posts: 51
Joined: Sat Apr 02, 2011 10:51 am

Inguinal Hernia Surgery

Postby LlewelIyn » Sat Feb 07, 2015 1:06 pm

I know it sounds crazy to you but the standard for medical malpractice is shockingly low. The legal requirement is that the medical serices(pre-op, surgery etc.) "fall below the standard of care".  That basically means that what the doctor did was not just bad judgment or poor technique but so far wrong that no other doctor would be expected to make the same mistake. So here, not doing a full pre-op might not be that unusual or even in violation of any basic surgery rules. Even if a scan/ultrasound had shown the problem pre-op, the same sugery has to be done so I don't see the difference here. Big question in my mind is the cutting of the chord. Was this necessary to free the mesh or was it done unintentionally? Probably could never prove one way or the other. Loss of blood flow also a question. Could this have been prevented? Did they fix it in time and if not, did it cause you substantial permanent injury?  All of these questions are borderline yes/no so the reviewing doc and the atty don't want to go to war on such a case. Option is to start over again. Maybe offer to pay for a second review.

But a better idea: I am not involved at all but I know there is some type of class action going on about hernia mesh repair products. I don't know what defect the class action is concerned with but it might be related to your situation. Google something like "hernia mesh attorney".
LlewelIyn
 
Posts: 37
Joined: Mon Mar 31, 2014 8:16 am


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