When can you sue for a botched appendicitis surgery?

By Rheingold Giuffra Ruffo & Plotkin LLP

Appendicitis and getting your appendix removed is a relatively routine surgery. However, mistakes still occur that could give rise to a medical malpractice claim against the doctor and hospital. The appendix is a vestigial (unnecessary) organ that collects and stores bacteria in the body. It is harmless unless it becomes inflamed and bursts. A burst appendix has the potential to kill the victim. This post will go over how appendicitis could give rise to a medical malpractice claim.

While the removal of the appendix is relatively straightforward, the surgeon can only remove it if the doctor accurately diagnoses appendicitis. It is the potential misdiagnosis that can result in medical malpractice.

But it isn’t enough for the doctor to miss the diagnosis. You must prove that the physician failed to exercise adequate care in diagnosing you. Essentially, if another doctor had your case, would she have followed proper procedure and correctly diagnosed you? If the answer is yes, then you may have a claim for medical malpractice. If the answer is no or more complicated, you might still have a claim, but it is not as straightforward.

Appendicitis is one of the easier conditions to diagnose because it is so widespread. However, until you have a medical expert evaluate the doctor’s actions and conclusions, you will not conclusively know if your doctor committed malpractice.

Were you injured in a botched surgery? If you were, you might want to contact a lawyer. An attorney can go over your case and advise you on the best way to get compensation for your injuries. The last thing you need is to prosecute your case when you should be focused on getting better.

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