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New Claim?



Hi Everyone,

I just underwent surgery and things just seemed to go fairly badly. The past to my story is here. http://www.hadit.com/forums/index.php?show...&hl=disasta but I am curious to what to do now or what options I have.

I went in for surgery for my laproscopic nissan fundoplication(basically take the top part of the stomach and wrap it across the esophagus and recreate the seal to keep reflux down). There was a small risk that the surgery could have needed to be an open due to the fact one out of a dozeen tests I had showed a possible shortened esophagus. Approrpiate measures were taken in case that was needed. After 8hours of time in the operating room I was transferreed to the recovery room. Apparently during the surgery they attempted twice to do the laprpsopic way and on the second time they severed the spleen. Unfounded they were unable to stop the bleeding and it was removed. The rest of the surgery seemed to go ahead as planned. But now what? I lost and organ that no one had even said it was a possibility? Can I put a claim in on top of my Reflux Claim or what? Thanks for the replies.

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  • Content Curator/HadIt.com Elder

Hey disasta,

I hope you get to feeling better. Hang in there!

Who did your surgery? The military, VA, or private surgeon?

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Dude... I'd get a doctor you trust to look over the medical records... and then consider legal action if warrented. Heck yes you can file for this. You can file several different ways, but I'd get the medical records and see if - in the opinion of another doc - tyhere was some form of malpractice.

You can file for the loss of the organ thru the VA as secondary to the - big long name illness surgey -. Let me see what a spleenectomy (I think thats what its called rates) I'll get back with you.


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  • HadIt.com Elder

Bob is correct. You have a claim. You need a lawyer who specializes in Federal Tort. ALso be aware the clock is ticking as these things have strict time limits.

Best of luck.


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ya i figured that I could claim or sue I just wasnt sure how to go about it. I am not very worried about the timeline, I was just discharged today. I had faith in the surgeon, everything she did was very cautious and very calculated. she stated she did not think the spleen would be where it was, but I will have to wait to get the medical records for the surgery and see. The surgery was an open nissen fundplication complicated by a splenectomy due to the spleen being severed.

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This could be a foreseen potential complication of this type of surgery.

For 1151 claims and FTCA claims-there must be proven negligence as well as resulting disability directly from the negligence.

An IMO would be needed to show malpractice as well as a ratable additional disability that the severed spleen has caused.I am sure any malpractice lawyer would need an IMO too if they take the case.

Be sure to get copies of all of your med recs before you file a Sec 1151 claim and/or FTCA claim.

The minute I filed these types of claims the VA would no longer release anything to me and someone told me (a rep I think) they wrote 1151 and FTCA in big letters all over my C file.

This could be a potential result from this surgery without even being negligence at all.

Hard to say- a good IMO doctor could determine that.

FTCA and 1151-

FTCA -SF 95 must be filed within 2 years of knowledge of potential negligence

Both require proof of malpractice/negligence and proof of resulting ratable disability directly due to the negligence.

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