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LawTalk, Attorney
Category: Legal
Satisfied Customers: 37790
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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Recent surgery 6/22/15 hernia repair. Laproscopic

Customer Question

Recent surgery 6/22/15 for incisional hernia repair. Laproscopic hysterectomy last 6/23/2014, numerous adhesions removed during surgery. Developed incisional hernia about 6 months later. Was told caused by kidney removal 45 years ago.
Submitted: 2 years ago.
Category: Legal
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. What is your question? What can I help you with?
Customer: replied 2 years ago.
Is it your professional opinion that I should pursue legal action against this surgeon who performed the herestorectomy?
Expert:  LawTalk replied 2 years ago.
I actually happen to have practiced medical malpractice law for more than a decade. I empathize with your need to undergo the hernia repair. I know firsthand how painful the recovery can be,
You asked: "Is it your professional opinion that I should pursue legal action against this surgeon who performed the herestorectomy?"
You haven't really suggested that the surgeon did anything wrong. The fact that the hernia occurred following the hysterectomy doesn't prove professional negligence, and if the weakness resulting in the hernia was related to the kidney removal decades ago, that would not be the fault of the surgeon last year either.
Based on the facts that you have provided I would have to say that there does not appear to be a meritorious case if medical malpractice here, and there is likely nothing to be gained by pursuing this matter further.
Do keep in mind that a thorough examination of all your medical records, including the surgical records from 45 years ago, would be needed to be absolutely sure that there is no valid claim here. However, without going to the trouble and expense, I can say that there does not appear to be a valid case at first blush here.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,

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