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My 36 year old single Daughter had brain surgery to remove nonmalignant tumor in the back of her head. Tumor was successfully removed however, portion of her brain which controls her eyes was damaged. She is permanently disabled. I now have to care for her and her 14 year old son. Is this malpractice?
Optional Information: Country relating to Question: United States State (if USA): Georgia Already Tried: Had her examined by neurological doctors at Emory. That's when I found out the damage is from the surgery and is permanent.
Hello and welcome,I am very sorry to hear of your difficult situation.Whether the damage is considered malpractice will typically depend on the standard of care in the community, meaning that if the surgery can normally be performed successfully and the type of damage sustained by your daughter is not an unavoidable risk of this type of surgery, which she was warned about and provided informed consent, then it would typically constitute malpractice and a lawsuit could be filed seeking damages as a result of the malpractice.Here is a link to an Atlanta attorney who handles such cases. She would typically need to have your daughter's case reviewed by a medical professional to determine with any certainty whether malpractice occurred.http://www.pelypenkolawfirm.com/
I hope you found my answer helpful, even if the law is not in your favor. Please note, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.
Experience: Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement