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Had surgery 2 years ago to remove gallbladder and mass by…

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Had surgery 2 years...

Had surgery 2 years ago to remove gallbladder and mass by stomach. Had the same symptoms after surgery. Went to different doctor and had same tests run. He said it looked like a gastric bypass. He did surgery again. Problem has finally been fixed. The first surgery was a big waste. I suffered with vomiting every time I ate or horrible stomach pains for 2 years. Now I have 2 hospital stays and many duplicate tests to pay for. I had ultrasounds ct scans MRI. 2 endoscopes. Don't know what I'm able to do. Is malpractice an option for their negligence. The second surgery scar is in the exact same place as the first.

Lawyer's Assistant: Can you tell me what state this is in? And do you have copies of the medical records?

Texas I could get them I think. My PCP has the paperwork from first surgery

Lawyer's Assistant: Has anything been filed or reported?

No I am not sure what to do

Submitted: 7 months ago.Category: Personal Injury Law
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Answered in 7 minutes by:
1/8/2018
Personal Injury Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Personal Injury Law
Satisfied Customers: 126,853
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

In order for you to file a suit for medical malpractice, which seems to be what you are describing here, under Texas law you need to get a medical expert to write a expert report explaining how the conduct of the first doctor was negligent and why. Without the expert report within 120 days of you filing suit any malpractice suit has to be dismissed.

So, what you describe does sound like malpractice, but in order to sue you will need a medical expert to write a report before you can get a medical malpractice attorney to file suit. You can get a local medical malpractice attorney at the same site used by other attorneys, http://www.hg.org or http://www.superlawyers.com

I understand your current doctor has the documents, but he would have to write the report as to how the first surgery was negligent and below the reasonable standard of care.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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