Tag: medical malpractice

Ureter Cut During Hysterectomy Lawsuit

If you or a loved one has recently undergone a hysterectomy procedure, and suffered the unfortunate consequence of having the ureter cut during surgery, you may be wondering if you should file a medical malpractice lawsuit.

A cut to the ureter during a hysterectomy can cause persistent and serious complications such as uncontrollable leaking of urine, infections and even loss of kidney function. Our expert team of personal injury and medical malpractice lawyers can review the facts and determine if you have a strong enough case to move forward with a lawsuit.

Signs Your Ureter Has Been Cut During a Hysterectomy

If you are experiencing any of the symptoms listed below following your hysterectomy surgery, it may be a sign that your ureter was cut during the procedure. If you experience any of these symptoms you should seek medical attention immediately for treatment and confirmation of a severed ureter.

  • Blood in urine
  • Abdominal pain
  • Severe flank and back pain
  • Swelling
  • Nausea and vomiting
  • Decreased urine output or inability to urinate
  • Leaking bladder

Do I Have a Case if My Ureter was Damaged During My Hysterectomy?

If your ureter was cut or damaged during your hysterectomy procedure you may have a case only if the injury was a direct result of medical malpractice. An undesired result during surgery is not always considered negligent, as unfortunately, complications can sometimes not be avoided. Your lawyers will have to be able to prove medical malpractice to move forward with your lawsuit.

Determining Medical Malpractice

In order to move forward with a lawsuit if your ureter has been cut during a hysterectomy, your lawyer will need to assess whether or not medical malpractice has occurred. Your case can be considered malpractice if the injury to your ureter occurred due to your surgeon’s failure to follow accepted practices during your hysterectomy.

To determine if your case constitutes malpractice our medical malpractice attorneys will consult with top medical experts in the field who will review the facts of your case and give their objective expert opinions.

Negligence During a Hysterectomy

In the case of a ureter cut during a hysterectomy, you may be able to bring a lawsuit if medical experts determine your surgeon was negligent in adhering to accepted practices during your surgery. Your surgeon could be considered negligent if one of the following occurred during your hysterectomy.

  • Failure to properly safeguard the ureter during the procedure
  • Failure to run tests following the procedure to determine if the ureter has been severed
  • Neglecting to document that the ureters were identified and protected in the operative report
  • Failure to consult with a urologist during the hysterectomy if ureters are difficult to locate
  • Failure to properly use stents to mark the ureters during surgery

Consult Moraitakis & Kushel About a Medical Malpractice Case

If you have experienced an injury to your ureter that occurred during a hysterectomy procedure, contact Moraitakis & Kushel for a free initial consultation as soon as possible. Medical malpractice cases can be difficult to prove, therefore after carefully reviewing the facts of your case, our firm will accept you as a client only if we believe there is a strong chance of success. Call today at (404) 445-1411 or complete our online contact form.

Trial Lawyers & Doctors Oppose Medical Malpractice Bill

Both Georgia Trial Lawyers Association (GTLA) and Medication Association of Georgia (MAG) have come out against Senate Bill 141, which is designed to replace the state’€™s medical malpractice system with a worker’€™s compensation-like review board.

The bill, also called the Patient Injury Act, is back by a group of health care administrators and providers known as Patients for Fair Compensation. The group claims the changes would curb unnecessary and costly medical procedures, allow more injured patients to be compensated, and speed up the claims process.

The bill calls for the creation of independent review panels designed to analyze patients’€™ injury claims.  The group also said that under the proposal “patients would be compensated within less than a year.”

But former Georgia Attorney General Mike Bowers, a Republican, claims the bill is unconstitutional based on the state Supreme Court’€™s 2012 decision in Atlanta Oculoplastic Surgery v. Nestlehutt, 286 Ga. 731. Justices unanimously overturned a state law setting caps on noneconomic damages in medical malpractice cases, ruling that caps violate the state constitution by impinging on the right to a jury trial.

In addition to calling the proposal unconstitutional, GTLA and MAG have criticized the measure for being bureaucratic and costly.

GTLA asserts the new system “would be manned by biased healthcare providers sitting in judgment of their colleagues.” MAG says the new system would increase the number of claims against doctors and hospitals.

Gunshot Victim Wins $17.5M Award in Malpractice Suit

A young man and his parents were recently awarded $17.5 million after filing a medical malpractice suit against Grady Memorial Hospital, Emory University, and several medical staffers. The Dekalb County jury agreed that the aforementioned parties were responsible for brain damage that occurred after the young man was treated for a gunshot wound.

Back in spring 2008, Sheriod Merritt, then 19, was walking through a Wal-Mart parking lot in Lovejoy when a stray bullet hit him in the face. The bullet fractured his jaw and left fragments in the back of his throat. Yet he had what surgeons called a €˜golden injury’€™, which means he was still able to walk and talk despite his injury.

Merritt underwent surgery to wire his jaws together two days later. His throat and airway were still significantly swollen at the time. Although the surgery was successful, Merritt became agitated as he came out of surgery and tore loose a breathing tube.  Because his jaws were wired, his breathing was even more obstructed, leaving him oxygen deprived for several minutes. He had already suffered permanent brain damage by the time doctors replaced the breathing tube.

The verdict concluded that half of the liability belonged to Emory University and the resident anesthesiologist who oversaw Merritt’€™s sedation, and half to Grady, which employed the nurse practitioner who assisted the doctor.

Medical Malpractice Cases at Moraitakis & Kushel, LLP

As in the case of Sheriod Merritt, medical malpractice occurs when a patient is physically harmed by medical care that fails to meet accepted standards of practice. When negligent care results in a worsened condition, injury or wrongful death, you may have a case.

At Moraitakis & Kushel, LLP, medical malpractice litigation is a primary focus. If you or a loved one has been injured due to negligent care, don’t hesitate to schedule a consultation. We’ll consult top medical experts who will review medical records, consultations with physicians, and more. Because malpractice suits are often expensive and difficult to prove, we only accept clients we’re confident have a strong chance of success.

Find out if you have a case. Call (404) 445-1411 to schedule your free consultation today. If we accept your case, we charge no attorney’s fees unless we collect compensation for you.