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Can you sue a doctor if they said they removed a tvt sling,

Customer Question
but instead just put another...
can you sue a doctor if they said they removed a tvt sling, but instead just put another one on top of the existing one causing problems? In office visit was told he was removing 1st device. Also was never told these devices are permanent and extremely difficult to remove. When I was released from hospital the doctor neglected to remove the packing from surgery. I found it two days later when showering and had to go into the office to have them remove it. A month later had to have second surgery for more revisions. I believe doctor was negligent.
JA: Can you tell me what state this is in? And do you have copies of the medical records?
Customer: Texas, yes I have copies. I am already part of mesh class action against the makers of the mesh, but I believe the doctor made numerous errors that jeopardized my health. I have had to have two more corrective surgeries and my current doctor said I never needed the tvt device or the rectocele. I also know the doctor received money from one of the makers of the sling devices to rep it. He basically was just making money off implanting these devices without any tests except an exam. He lied about what he was preforming and due to his negligence I will no longer be able to continue my 26 year career in retail. I can't stand or walk around for more than couple of hours due to extreme nerve pain.
JA: Have you talked to a lawyer yet?
Customer: I am part of class action suit against makers of mesh products, but I have not talked to a lawyer regarding suing the doctor.
JA: Anything else you think the lawyer should know?
Customer: When I asked regarding the mesh he was replacing I stated I was worried because I had heard there were issues with mesh and he said the mesh was perfectly safe and nothing to worry about. I asked if we could just remove it and he said no because I needed it. My surgeon that removed all product on May 3, who stated I never needed it, confirmed it, since I am not incontinent now. The first sling was put in during hysterectomy in 2007 and I was told I needed it to hold up everything since I would not have a uterus by his office partner. I had pain for years and finally figured out it was mesh that is when I went in 2013 to get removal. Dr. Mantri said that mesh wouldn't cause pain, but he needed to replace it and add the rectocele. I was trusting that he knew best. He NEVER said he wasn't removing it, he lied and just band-aiding one on top of other. I have been with pain management doctor for 3 years and it took me forever to find a doctor who could remove all the mesh. Now due to nerve damage I am being referred to another specialist for pelvic floor therapy. It has ruined my sex life, put horrible strain on my marriage, loss of income and now my career. I don't think the doctor cared, justed wanted the money and told me I needed these surgeries.
Submitted: 1 year ago.Category: Legal
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Answered in 19 minutes by:
8/16/2016
Lawyer: RobertJDFL, Attorney replied 1 year ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 14,187
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I look forward to helping you.

You may very well have a claim for medical malpractice (medical negligence). "Negligence" is defined as failure to use ordinary care, that is, failing to do that which a physician, hospital or person of ordinary prudence would have done under the same or similar circumstances or doing that which a physician, hospital or person of ordinary prudence would not have done under the same or similar circumstances. Expert testimony is necessary to establish negligence. In addition to negligence, a plaintiff must prove a causal connection between the healthcare provider's negligence and the harm suffered by the patient. This means that the negligent act of the healthcare provider must be directly related to the harm suffered by the patient. In this case, expert testimony would have to come from another doctor or doctors familiar with the device and procedure who could state that the doctor should have removed the tvt sling and that normal procedure is to remove it.

You'd also need to be able to prove that the additional procedures, pain and suffering, and complications you've suffered were a direct result of this doctor's acts. In other words, if there was some unrelated medical condition that caused the issues you are having, then there would be no causal connection, and because it could not be proven, a claim for malpractice would not be successful.

While damages are also a necessary element of any negligence claim, you certainly appear to meet that with pain and suffering, medical expenses, and lost wages.

Lastly, you have to look at the statute of limitations, or time in which you can file a claim. Under Texas law, a health care liability claim must be commenced within two years from the occurrence of the breach or tort or from the completion of treatment or hospitalization. Tex. Civ. Prac. & Rem. Code. § 74.251(a) (Westlaw 2007). Only if the actual date of the tort cannot be ascertained should time be measured from the last date of a course of treatment. Shah v. Moss, 67 S.W.3d 836, 841 (Tex. 2001). My concern would be that the doctor may argue the claim arose in 2013, when you went to have it removed due to all of the pain you had been having, so that even though you are still undergoing treatment, the claim should be barred. That's something you should discuss with an attorney in your area though, because I think you could counter that really the problems began sometime between 2007 and 2013, but because there is no exact date to be determined, and because you are still undergoing treatment, there is no statute of limitations issue.

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating.

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