Should I sue my Urologist surgeon?

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I got out of bed this morning wondering how in the world could surgeon urologist leave me incontinent and impotent and get away with it. I did ask him what were the chances that I would be incontinent and he did say something like 30%. I then thought that I had a good chance of a good recovery. Better than 50% by about 20. So I went for the prostatectomy. Well here I am more than 2 years later still leaking constantly and impotent. So I Id like to know from anyone out there what do you think. Did he save my life? I suppose so. So I do not take this lightly. Nor am I looking to game the system with a frivolous law suit. But I do remember asking him If I was to be left incontinent what was the fix to which he replied there are other procedures that could fix the problem. So when wanted to fix the problem he referred me to another surgeons that specialize in this practice like the aus and that other thing. The thing that bothers me is he did not tell me that he did not perform this surgery himself. I assumed that he would could do it since he was after all a surgeon. I have been using mens liberty until about a few days ago because I developed two small lesions from pulling the skin off my penis and now I am using a clamp and pads to stay dry until I heal. i must admit it works pretty well and I am almost fully healed. I may use this method more often. Well thanks for reading and please opine if you have and expertise in this area of law.

Sincerely
Bert

 

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Hey Bert,

I cannot give legal advice - just remember the wheels of justice spin slowly. Love yourself for who you are today, regardless of imperfections - and in time things will come your way.

Hang in there,
Honeeecombs

 

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I went through the same thing... Mine told me everything would be perfect being 52 years old. What a lie. I called a couple lawyers and they looked into the case... End result was that I agreed to the surgery and I signed documents. He had no malpractice with the surgery. I could not sue him for not telling me the whole story about prostate removal, or telling me that everything would be normal. That was more of the word he used. " Everything will be the same without the prostate". My lawyers told me I should of done more research.. They said they looked it up on the internet and it was right there in black in white. Incontinence and impotence.

Check into the AMS800. That is a Artificial Urinary Sphincter. I had that operation with another hospital and it was a game changer. I am no longer incontinent. Only if I sneeze really hard will some come out. For the impotence, you can take pills or shots. That will help. Look up Edex. They also make a device that can be surgically implanted that will work.

Hope this helps and good luck.

Steve V

 

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I am in a similar situation. I plan to have the pelvic sling surgery on January 6 with a surgeon who specializes in pelvic sling surgery. I would not want my prostatectomy surgeon to do a different procedure. He told me 95% of his patients are continent so it appears I am in the unluckly 5%. He did say his focus is on getting rid of the cancer not continence or erectile function.

I go through 2-3 medium pads a day and this level of leaking is reportedly appropriate for the pelvic sling surgery. Will share progress.

Wishing you all the best with your recovery.

 

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See my previous post on the my experience with the sling. I was needing to use any pads before the sling. If the sling does not work to your liking, you can always go the AUS

 

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Unless you can prove some incompetence from your surgeon I think you are wasting your time. If you have proof. Sue away.

 

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I agree with most of above. Age 74 had RP 5 years ago - still leaking pad/day. Despite my surgeon scoffing at my becoming incontinent due to my top physical condition. Had me read a book describing Pcancer and prostatectomy. Suggested I was also 95% unlikely to have issues. WRONG! Great thing is that I remain <0.1 PSA and in even better physical condition than before RP. LIVE ON!

 

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@bert88 In the entire history of the United States, only one doctor has actually lost in a medical malpractice lawsuit. I doubt that you will ever win. How much time, money, and energy do you want to waste fighting into your future when there won’t be any benefit to you for doing it? The guy at least warned you in advance, so you can’t say he didn’t warn you. The person you would be fighting, specifically, would not be the attorney himself, but the medical malpractice insurance company he hires to protect him. Now if you think you know, and can afford, attorneys who can compete against an international medical malpractice insurance company(ies), think again. The person you’re really at mad at is your own self for not having done adequate research in advance. If you had, you would’ve realized that most men end up where you are, post-prostatectomy.

 

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I respect everyone’s opinion responding to bert88. However the surgeon is the person who controls the outcome of the surgery. I was 75 years old when Dr. Bivolacqua from Johns Hopkins removed my prostate. He warned me incontinence could be a problem and ED would be problematic. I did my research and decided to have the prostate removed by a surgeon who had done hundreds of prostate removals. He did not use robotics. He cut me open from below my belly button almost to my penis. It has been almost two years since the operation. I am now 76. I have no incontinence and I am almost back to normal with erections. However pills or sometimes an injection is needed. I can live with this since PSA readings are negligible. The doctor is the key.

 

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No you should not. Both impotence and incontinence are known side effects of radical prostatectomy. I’m also suffering with both but am glad to be cancer free

 

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You will need to find one or more doctors to speak on your behalf and against their fellow doctor. This is very hard to do. I know from experience. I expect you probably signed a paper giving permission for the surgery. It stated you realized the risk involved including what has happened to you. If you can do the above and have the money which Snow mentioned, go for it.

Have you been to other urologists to see if they can help you with what your dealing with?

I wish you nothing but the best.

 

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Well thanks for the feedback guys. I just turned 75 so sex is not really my main concern. Being married to a good woman is more important. It sounds like robotic surgery is not all that its hyped up to be,at least for prostrate surgery. Your feedback pretty much sums it up for me the way my wife said. But if I had the money I would sue just to make a statement and have my day in court. I am afraid of any further surgery because of the way things turned out. I just don't have the right Dr. yet.

Any way thanks again guy
Sincerely
Bert

 

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Stryder
When you say proof what am I proving?

 

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You don’t win a lawsuit unless you have proof of incompetence. Or mistake such as leaving an instrument in your abdomen. Can’t sue for a side effect that many of us have after this surgery.

 

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What if his record of side effects is higher than average?

 

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No prostate surgery is like any other. The amount and location of the cancer will affect the outcome. If the cancer is near the margin of the prostate gland the removal of it will cause more nerve damage. If your anatomy is unusual that can come into play as well. Those who have minimal side effects are lucky. The benefits of robotic surgery is in less pain, less scarring, faster recovery, ect. The risk of incontinence and impotence exists no matter which treatment you choose including radiation therapy. There is no free lunch with this cancer. You should congratulate yourself for pursuing an aggressive treatment to remove the cancer and continue working on regaining continence. Good luck, wishing you the best!

 

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bert88:
I am not sure how old you are but I have learned, unfortunately later in my life, that I should have done something and I listened to others and did not proceed. Don't take this lying down. If your gut tells you to sue this doctor, then do it. Find yourself a lawyer who will take the case and get paid only if you win. So what if you don't win. It will still give you something to strive for.
I know many on this chain will disagree with me, but many have disagreed with me and sometimes I won and sometimes I lost, but at least I gave it a try.
Good luck, God Bless and Happy New Year.
Nick

 

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Do your research and find out. If he has a very high percentage you may have a case. But as someone that works in the healthcare industry, I can tell you this will not be easy to find out. And paying a lawyer to do it will cost you an arm and a leg.

 

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I googled what are the chances and it is 6% will be incontinent. My surgeon gave me 25-30% by his own admission. That seems higher than the much higher than the norm.

 

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I can prove it because we did a teleconference and there should be a record of it.