Case Study: Surgical Errors Leading to Medical Malpractice

Healthcare providers are bound by oath to provide timely, relevant, and equal care to all of the patients under their purview. But sometimes, providers rely on bias and snap judgments instead of diagnostic analysis, which can lead to medical malpractice. 

Today, there are numerous instances of physicians denying treatment or disregarding the patient’s symptoms and saying things like the statements below:

“It’s all in your head and not real.”

“You’re too young to be having those symptoms.”

“There isn’t anything else we can do for you.”

“It’s just stress and nothing serious.”

“Your pain is common for people your age.”

“I don’t know why you have this pain. “ 

It became a hashtag on Twitter – “#PatientsAreNotFaking.”

The pain you’re feeling is understandable, but know you’re not the only one going through it. When your symptoms go unnoticed while you’re in excruciating pain and suffering due to a delayed medical diagnosis, it can be pretty upsetting. A few months ago, we helped an African-American victim of surgical error who was a  working-class woman but currently uses a colostomy bag to cope with day-to-day-day life activities. Around September 2021, Jane Doe( name withheld for privacy reasons) visited the medical center because she was experiencing severe abdominal pain, chills, and weakness. At the hospital, they did a number of tests on her, including ultrasound, blood test, and a pelvic exam. They couldn’t find the reason behind her abdominal pains, so they gave her an STD medication without a proper diagnosis. There were no other examinations for differential diagnosis, or to rule out the initial misdiagnosis. She was discharged with the notion of “I don’t know why you have this pain.” 

After two days, she was convinced that she did not have an STD, even though she still was still suffering symptoms. Jane decided to get a second opinion at a different hospital to satisfy her curiosity. After discovering she did not have any STDs, she was diagnosed with sepsis and diverticulitis, both of which were treatable. Antibiotics were administered at the hospital, and she was discharged to go home. Her previous doctors prescribed STD medicines, although she had no test findings to back up their diagnosis, which baffled her. Jane returned to the hospital the same day because the agony had worsened and would not go away. Her diverticula had ruptured when she arrived at the clinic, and she had gone into septic shock. Surgeons promptly performed a colostomy procedure to correct the problem. She left there with a lot of unanswered questions like :

  • How would I work and feed my family?
  • Why was I diagnosed with STD?
  • Would it have been different if it had been diagnosed earlier?
  • Why did the doctor think my abdominal pain was regular?
  • Who can help me get justice and compensation for this negligence?

She believes that if the diverticulitis had been diagnosed earlier, she wouldn’t have needed a colostomy. Their negligence has also cost her the job that earned her $55k a year, and she has been unable to find another one since. Jane currently can’t take care of her children, and she is now dependent on her parents for support.  

With all these unanswered questions and the pain of living with a colostomy, she decided to  take a bold step  and contacted us at Justpoint to listen to her story and link her to a licensed medical attorney to help her get the compensation she deserves.,

Generally, surgical error in (SC) could yield about $2,719,828. Based on Jane’s gender and age, the family could be receiving approximately $1,030,238.

Avoiding Surgical Errors: Some Proven Strategies

According to The National Institute of Health (NIH):  Approximately 25 million Americans suffers from rare misdiagnosis. Here are a few pointers to help you steer clear of surgical blunders:

  • Make your voice heard: Keep an open mind and never hesitate to seek clarification. Inquire about the long-term effects of any medication or operation, as well as any proof of diagnosis.
  • Second Opinion: Don’t be afraid to get a second opinion or legal advice if you need it. You have the right to compensation if your difficulties persist after treatment.
  • Proper Documentation: Detailed records of medication use and administration are required. Your medical records will be necessary if you decide to change doctors or seek a second opinion.

If you believe you may be the victim of medical malpractice, go to our website at to submit your case information, and one of our case managers will reach out to you to discuss the case in more detail and determine how best to move forward.

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