Posted 12 April 2013 - 01:10 PM
In December, 2012 I had a (successful) robotic prostatectomy and expected to leave the hospital in 3-4 days. However, following that surgery, on the 4th day, my body began retaining fluid and, over the next 5 days my weight went from 228 lb to 255 and I experienced an excrutiating sequence of spasms assoicated with an ileus.
On the 12th day, a drain was installed in my left abdomen and 1000cc of fluid were quickly removed and 500 cc/day drained out. To this point, no test had been done to determine the nature of the liquid being drained.
On the 14th day I was discharged (w/drain) with instructions to return in a week for a "check." The fluid continued to drain at 500cc/day for a week but no test was made to determine what the fluid was.
In early January, I went to another urologist who made a simple test to determine that the fluid was urine. He subsequently did a dye test to determine the location of the leak in my left ureter. Apparently, the original surgeon had "nicked" the ureter. Over the next three weeks, the urologist made three attempts to insert a stent into the ureter to stop the leak. None were successful. Next week (April 16) my urologist will slice open my abdomen and splice the two ends of the ureter to hopefully return it to full function. I also face some risk of small bowel resection or loss of a kidney in association with this pending surgery.
Do I have sufficient basis to bring malpractice action against the original surgeon? While the original "nick" might be a common collateral risk from such surgery, the failure to identify/resolve the leak which produced subsequent associated physical and mental aggrivation and disruption is, in my mind, irresponsible.
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