Can I sue a hospital for not doing gallbladder surgery? How? 7 Answers as of May 02, 2016

I went to mainland hospital and they see I had gallstones. They said the only way they would take it out is only if it ruptures or is infected. I went to that same hospital two other times and they kept sending me home. Then I went to another hospital called UTMB and they did the same. Then I went to bay area regional and they took it out they said it was 11 times bigger than normal and it was pushing against my liver.

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Walpole Law | Robert J. Walpole
First, you would have to be physically, medically worse off because it wasn't done at the time. Second, you would need a medical expert to say that you were in a dire medical emergency at the time you first went to that hospital. Most medical malpractice attorneys do not take cases where a person's physical condition did not become 'catastrophic. So, it appears you are out of luck. Good luck.
Answer Applies to: Oklahoma
Replied: 5/2/2016
Law Offices of George H. Shers | George H. Shers
It sounds like the use of discretion by the hospitals. They all made a medical decision. If you were in extreme pain, they should have done more. medical malpractice suits are very expensive [easily can incur $20,000+ in expensive]. You need to see an attorney that specializes in malpractice, but I suspect they all will refuse to handle the case because your only injury is the pain you had until surgery.
Answer Applies to: California
Replied: 4/27/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Each State has different rules governing medical malpractice procedure and substantive law. So you will need to consult a lawyer skilled in this very difficult area of law to advise and represent you. One question is what your real damages are? Did you suffer pain for a long period? Did the failure to diagnose correctly cost you a job, or any of the pleasures of life?
Answer Applies to: Wisconsin
Replied: 4/27/2016
Gates' Law, PLLC | Thomas E. Gates
No, more than one doctor, from different hospitals, came to the same conclusion. They complied with minimum standard of care.
Answer Applies to: Washington
Replied: 4/26/2016
Candiano Law Office
Candiano Law Office | Charles J. Candiano
You need to repost this under California law. Though you do not say so, you apparently sustained absolutely no harm as a result of the hospitals' inaction. Accordingly, even if you "won," you have no damages so you would get a verdict of $0.00.
Answer Applies to: Illinois
Replied: 4/26/2016
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You could sue for abandonment, but since you did not die, and actually had the gall stones removed, you really do not have any damages. I would suggest writing to the state department of health professionals, or whatever it is called in your state, and register a complaint.
    Answer Applies to: Michigan
    Replied: 4/26/2016
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If you have not suffered any permanent damage by the delay in the performance of the surgery, then no attorney would probably take that case.
    Answer Applies to: Florida
    Replied: 4/26/2016
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