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Hysterectomy malpractice can occur when a hysterectomy is performed unnecessarily in an otherwise healthy woman of reproductive age, resulting in damages when a future pregnancy was desired but is no longer feasible. Rarely, hysterectomies are performed without a patient’s informed consent. These claims are evaluated on a case-by-case basis as not all unnecessary hysterectomy claims may result in compensation.
At Weiss & Paarz, we specialize in medical malpractice claims including hysterectomy malpractice and unnecessary hysterectomy procedures. We are a group of lawyers who have dedicated their careers to helping victims of preventable medical mistakes achieve justice and compensation for their permanent injuries.
A hysterectomy is a surgical procedure performed to remove a woman’s uterus. Once a hysterectomy is performed, a woman will no longer have periods nor be capable of getting pregnant. Hysterectomy procedures can be performed emergently, when medically necessary, or electively for a wide variety of good reasons. Various conditions which may warrant a hysterectomy are outlined below.
Some medical conditions that may require a hysterectomy include:
The vast majority of hysterectomy procedures are performed for legitimate medical reasons and with a patient’s meaningful, informed consent beforehand. However, in rare cases, hysterectomy procedures are performed without a patient’s consent, by mistake, or without a clear and legitimate medical reason. When this occurs in an otherwise healthy woman of reproductive age who desires future pregnancies, a lawsuit may be warranted to recover compensation for damages.
By the end of a trial, regardless of the outcome, it feels good to know I’ve been in there fighting for someone who needed a strong advocate, typically someone who has suffered the death of a loved one, or a serious, permanent disability.
There are three main types of hysterectomies that patients may require urgently or proceed with electively:
Various complications and risks are associated with hysterectomy procedures. These may include bleeding, infection, early menopause, injury to surrounding tissues or organs, blood clots, scar tissue, pain, adverse reactions to anesthesia, or surgically-induced hernias. It is important to understand that not all risks and complications associated with hysterectomy procedures constitute medical malpractice. In fact, most of the cases evaluated as actionable following a hysterectomy will involve a lack of informed consent and a subsequent loss of the ability to have children in an otherwise healthy and capable woman of reproductive age.
While most hysterectomies are considered a last-resort, when-all-else-fails option for women with some of the above conditions warranting removal of the uterus, in rare cases, hysterectomies are performed without a clear reason or without the patient’s informed consent. Although not all of these cases are actionable, it may be worth talking to a lawyer to figure out whether your potential claim is.
The length of a hysterectomy surgery varies across different types of hysterectomies and the various surgical techniques used to perform them. Typically, though, these surgeries will take anywhere from one to four hours in duration. Recovery time will also vary across patients and largely depends upon the extent of the organ or tissue removed and the way in which it was removed, as well as on the individual patient’s health and prognosis.
I had a change of heart in midcareer. I love to try cases and it was very satisfying to exonerate a physician I felt did nothing wrong. But a defense attorney typically must defend whatever cases a malpractice insurance company assigns, and I grew tired of having to defend medical care I personally didn’t believe in.
Hysterectomy malpractice may occur when a woman’s uterus is removed unnecessarily or without her informed consent. Although this is rare and not always legally actionable, if a woman desires a pregnancy she cannot achieve following an unnecessary hysterectomy or enters early menopause as a result of the same, she may be entitled to compensation. If you or a loved one falls into this category, contact Weiss & Paarz’s specialized medical malpractice team today to get a free consultation and start the process of evaluating a potential claim.
Legal deadlines will impact your ability to file a medical malpractice lawsuit. Each state has different rules and subtleties that dictate the time frame within which a claimant can file. Some of these deadlines vary between minors, adults, people with special needs, and types of claims. In New Jersey & Pennsylvania, a competent adult typically has two years from the date they knew or reasonably should have known they have a potential claim to file a lawsuit. Additionally, depending upon the type of entity and/or individual being sued, and depending upon the type of claim, there may be state-specific rules that require a shorter time frame within which a claimant must notify the target employees/employers/state entities that they are investigating a claim or intend to file a claim, otherwise, they will waive their right to filing a lawsuit entirely.
Clarify the time limits for filing a claim, typically three years from the discovery of negligence, and emphasize the importance of acting quickly.
At Weiss & Paarz, our specialized medical malpractice lawyers have devoted their entire careers to achieving justice and obtaining maximum compensation for victims of medical negligence. Our firm handles all types of medical malpractice claims including those filed due to hysterectomy malpractice, however rare they might be. Find out if your potential claim or your loved one’s potential claim may warrant a lawsuit by calling us for a free consultation today.
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