Medical malpractice advice needed

[abookout]

I am hoping someone can give me advice on what I believe to be medical malpractice in the state of Roswell, NM. Thank you in advance. Here is my story...

Sometime in July, 2004 was riding my horse out of a sand wash when she attempted to jump, rather
than walk up the incline - causing my abdomen up into saddle horn (the horn is 4" tall and upright on
a barrel saddle). It bruised terribly, but healed well. Then in early September 2004, I noticed when I
used the muscles in that area, could feel a small lump. I scheduled appointment to see my physician. At which time, I stated there was no discomfort, but wanted to ease my concerns. He diagnosed a hernia, by having me lie down to perform a small crunch and referred me to a surgeon. I lived in Nogal, NM and thought I would receive better care from a surgeon in Roswell, NM (which is 86.74 miles one-way). On Friday, October 1, 2004 the surgeon also diagnosed a hernia, by having me perform a
sit up. My husband (at the time) asked of the surgery procedure, at which time the surgeon stated it
would be a very small incision. I trusted in his diagnosis and his statement of the procedure, so did not question him further. (As I have had 4 lower extremity surgeries (laparoscopy) in the past, I assumed the surgery would be performed in the same fashion, through the belly button). I was in surgery the following Monday, Oct 4, 2004.

In recovery, the pain was generating from the middle torso area, rather then my lower abdomen.
When my husband (at the time) came to pick me up, we both were extremely alarmed of the very large bandage that covered my abdomen from under the breast bone, to just below the belly button - approximately 6x8 in size. The surgeon was unavailable, and I didn't want to disturb the area without receiving care instructions. Which the nurse provided when we were leaving. Upon arriving home, I removed the egdes of the tape around the bandage and was in shock & disbelief that I was cut
from the sternum to the belly button. The length approximately 5" long x 1" wide, crooked with a very
thick incision - resembling a centipede.

At my follow-up appt, my husband questioned the incision being so large and why it could not have
been performed through the belly button and he stated a small, fatty mass was removed. After several months of painful healing, the area under the incision continued to swell - like a pouch. I went back to the surgeon and he could not determine why and stated he had expected it to be re-absorbed. It was not until many more visits and high doses of antibiotics, that I was sent for a sonogram. The surgeon determined from the sonogram results that it looked to be a pocket of fluid - possibly old blood. He inserted a needle into the area and extracted a greenish fluid which was sent to the lab. The surgeon then determined (from the lab results) that is was in fact old blood and would have to perform another surgery to insert a drainage tube. I was concerned of another surgery and he stated the procedure would be a very small incision to insert the drainage tube, just above the belly button. My husband and I asked what the 'worst case' scenario would be. The surgeon stated, only if he determined there was something on the wall of my stomach, would he re-open me and stated in his professional opinion it was highly doubtful that was the case. The second surgery was performed on 4/4/2005.

In recovery, I was alarmed to see the same large bandage and determined he had re-opened the
incision from the first surgery, along with a small incision above the belly button, where the drainage
tube and bag was inserted. I had to drain the bag periodically each day and was scheduled to have the drainage tube and bag removed after ten (10) days. I spoke with the surgeon on the phone, the day prior and advised him it was still draining small amounts of fluid. He stated to keep it in for an
additional 5 days, for safe measures. By then, my skin had already healed around the tube. The
surgeon had me lay down on an examining table and proceeded to remove the stitches that were
holding the drainage tube in place. He told me to hold my breathe while he pulled the drainage tube
out, which was approximately 6 inches long. When he pulled the tube and I yelled in pain, he realized
he had overlooked removing all the stitches. So he told me to hold my breathe again while he pulled
out the tube. He stated everything looked good and left the room. The nurse to then came in to
remove the stitches from the long incision on my abdomen. As she was removing the stitches, I cried
out in pain, and saw she had torn open the incision at the bottom, leaving a small hole that was
bleeding. I told her of my concern that it would heal improperly and she stated it would be fine, as she
would be applying butterfly bandages to hold it closed. The incision healed with a much wider scar.
After arriving the long distance for my follow up 2 weeks later, the receptionist advised that the
surgeon hadn't returned from the hospital as scheduled. I was discouraged knowing I had to return the long way for another appointment and did not return. It took several months of painful healing from two major surgeries.

The scar is very long, ugly and there is a pocket of skin that protrudes away from my abdomen, which
I believe may be from improper stitching. It was not this way prior to the surgeries - my upper
abdomen was flat. My husband was discouraged from looking at my body and how it felt against
him. Due to the lengthy healing time, I was unable to resume normal activity and exercise. At present,
I am exercising, walking, and eating healthier to get fit. However, the scar tissue has formed this
pocket of skin that protrudes from my abdomen. I cannot wear properly fitted tops as I am
self-conscious of how it sticks out, away from my body. Even with proper exercise, I will be unable to
tighten this area because of the scar tissue. I am a young 41 year old female and want to feel confident of my appearance.

I have current pictures of the scar. However, the pictures prior to and after each of the two surgeries, is in a storage unit in Aztec, NM. I just obtained a copy of the surgeons notes (which took almost a year) and some of his documentation is untrue.

[judg4]

It is certainly possible you have a case based on what you say here; you should take a brief description of these events as well as your medical records to a malpractice attorney and see if the attorney thinks you have a claim; often you need to contact several attorneys to find one to take the case; the review of your case and records is often free and then they will normally take the case on a contingency fee basis if they think you can win; you would pay only if they collect for you--

[abookout]

Originally Posted by judg4

It is certainly possible you have a case based on what you say here; you should take a brief description of these events as well as your medical records to a malpractice attorney and see if the attorney thinks you have a claim; often you need to contact several attorneys to find one to take the case; the review of your case and records is often free and then they will normally take the case on a contingency fee basis if they think you can win; you would pay only if they collect for you--

Thank you for taking the time to read and reply to my post. Do you know what the statue of limitations is in NM? Do I still have time?

[able1]

The lawyers reviewing your case can cite the SOL for each possible cause of action.

[abookout]

Originally Posted by able1

The lawyers reviewing your case can cite the SOL for each possible cause of action.

Thank you for the additional information.