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Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was diagnosed with cancer and had 2 surgeries to remove 2

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I was diagnosed with cancer and had 2 surgeries to remove 2 tumors in March 2013. The strange thing is that the cancer was endometrial in nature and was transplanted during a previous surgery. I have never been diagnosed with endometriosis and had a hysterctome in 2004. My doctors seem to think this was related to my hysterctomy and asked for my surgical notes. I have gone through pure hell in the past 6 months due to the surgeries and subsequent chemo treatments. Should I and can I pursue a legal case against the earlier doctor who performed my hysterectomy?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

Should I and can I pursue a legal case against the earlier doctor who performed my hysterectomy?

You can, if you can link the earlier doctor's actions to your condition worsening.

This is called medical malpractice. "A person professing to practice surgery or the administering of medicine for compensation must bring to the exercise of his profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had." OCGA § 51-1-27.

Three essential elements to establish liability in a medical malpractice action have emerged from the statute

(1) the duty inherent in the doctor-patient relationship;
(2) the breach of that duty by failing to exercise the requisite degree of skill and care; and
(3) that this failure be the proximate cause of the injury sustained.

Hawkins v. Greenberg, 166 Ga.App. 574(1)(a), 304 S.E.2d 922 (1983). See also Johnson v. Riverdale Anesthesia Assoc., 275 Ga. 240, 241, n. 2, 563 S.E.2d 431 (2002).

What an attorney will do is have their own medical expert look over the notes and then if there is enough of a link that shows that their error caused your condition to be worse, then you may have a case.

An attorney is recommended, of course. May I recommend the GA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. Many take such actions on a contingency basis, meaning they do not get paid unless you do.

I hope this helps and clarifies. Good luck.

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