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Bill Attorney
Bill Attorney, Lawyer
Category: Legal
Satisfied Customers: 199
Experience:  Attorney
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I recently had to have an appendectomy for the 2nd time

Customer Question

I recently had to have an appendectomy for the 2nd time because the first surgeon left over an inch of my appendix in me should I have to pay for the 2nd surgery
JA: What state are you in? It matters because laws vary by location.
Customer: Kentucky
JA: Has anything been filed or reported?
Customer: no I just got out of the hospital last Monday
JA: Anything else you want the lawyer to know before I connect you?
Customer: no just afraid my insurance will refuse to pay for a second appendectomy
JA: When we are ready I'll take you to the appropriate web page.
Customer: it has not even been a year the last one was done November 2015
Submitted: 1 month ago.
Category: Legal
Expert:  Bill Attorney replied 1 month ago.

This is attorney Bill answering your medical law question today.

Your question revolving around medical negligence comes down to the standard of care in the medical profession.

If your first doctor breached the standard of care by leaving over an inch of your appendix then you have a successful action against the first doctor and hospital.

Because I'm not a doctor, I'm not familiar with the medical procedure and whether one or more operations are the norm.

The only way to determine whether the first doctor was negligent is by being examined by a second doctor and for him to give a determination on what is or what is not acceptable surgery in the medical field.

If it is determined that your first doctor should have been able to do the operation in one procedure and so is the norm in the medical field; then yes the second procedure should be free and any pain and suffering from having two operations is something you can pursue in civil court.

These actions are expensive and require you to hire an attorney, who must then get an expert doctor medical witness to advise about the normal procedure, to see if the first hospital was negligent.

The Kentucky State Bar website contains a list of medical malpractice attorneys; some offer a free consultation.

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Attorney Bill

Expert:  Bill Attorney replied 1 month ago.

Dear Customer ,

I would like to follow up with you on your legal question. If there is anything else remaining please let me know.

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Have a nice day

Attorney Bill