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Man Suing Doctors for Removing Wrong Kidney

Rachel Moody2 years ago

Glenn Hermes of Texas is seeking more than $1 million in a lawsuit he filed for malpractice and gross negligence

According to ReuterHe is suing two doctors he says were responsible for removing his healthy kidney and leaving the cancerous one in his body.

About Hermes’ Kidney Surgery

Last year, Hermes learned he had cancer in his left kidney and decided to undergo surgery at a Fort Worth hospital to have his kidney removed.  Soon after the surgery, he learned that a CT scan had been misread and it was actually his right kidney that was cancerous. 

One month after the initial surgery, he had a portion of his right kidney removed at a Dallas hospital and now has limited kidney function.  According to his attorney, Hermes faces an uncertain future of whether he will have to be on dialysis or receive a kidney transplant.  Although he is now cancer-free, he has to be cancer-free for five years before he can be eligible for a transplant.

Medical Malpractice Statistics

The following facts were taken from Diederich Healthcare:

  • In 2012, $3.6 billion was awarded in malpractice suits.
  • There were 12,142 total payouts for medical malpractice in 2012.
  • The most common alleged injury in medical malpractice claims was death at 31%, followed by significant permanent injury in 19% of cases and major permanent injury at 18%. 
  • 33% of lawsuits allege the injury was related to the diagnosis.  24% of lawsuits say it was related to surgery. 
What is Medical Malpractice?

According to Dr. B. Sonny Bal, medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. 

In order to win monetary compensation, a patient needs to prove that substandard medical care resulted in an injury.  Allegations must be filed in a timely manner according to the statute of limitations, which varies from state to state.  Damages take into account both actual economic loss such as lost income and cost of future medical care, as well as noneconomic losses such as pain and suffering.  

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