- Jurisdiction
- New York
I am seeking advice regarding a vasectomy procedure I underwent on April 26, 2024, and what I subsequently learned was an apparent surgical error. I have never filed a lawsuit or made a medical complaint against a physician before, so I am unfamiliar with the process and would appreciate an attorney's assessment of whether I may have a viable medical malpractice claim and what steps I should take immediately to preserve my rights.
On April 26, 2024, I underwent what I understood to be a routine vasectomy. Approximately one week after the procedure, the physician who performed the surgery called me to ask how I was feeling. I told him that I was experiencing discomfort in the area where the surgery had been performed, as well as unusual discomfort in my abdominal region, which I described at the time as "phantom pains."
During that telephone conversation, the physician told me that something extremely rare had occurred and stated that he had "cut the wrong thing." I was shocked by his statement. He indicated that it should not be a significant problem and asked whether I still had complete sensation. I told him that I believed I did.
After the call, I realized that I had not been told specifically what had been cut. I contacted the doctor's office again and asked for clarification. I initially received a vague response that it was "tissue." After repeatedly requesting more information, I subsequently learned that nerve tissue had apparently been severed rather than the vas deferens.
There was also a pathology report relating to the procedure that had initially appeared in my online medical chart. At some point after the procedure, that report was no longer available in the online chart. I do not know why it was removed. I would like an attorney to determine what records exist concerning the tissue that was removed or submitted for pathology and whether the complete medical record has been preserved.
The physician and/or his office again asked whether I had sensation in the area, and I verbally responded that I believed I did. At the time, I did not fully understand the significance of what had happened or what symptoms I might experience later.
Approximately one year after the procedure, I began noticing a persistent "hot spot" or abnormal sensation in the area where the surgery had been performed. I have since developed an extreme and localized itch involving an area of my scrotum. The symptom is embarrassing, uncomfortable, and bothersome. I am concerned that it may be related to the nerve injury I was told occurred during the surgery.
In addition to these symptoms, I subsequently learned that the vasectomy itself was not successful. I had a consultation with another urologist, who confirmed that the vas deferens remained connected and that I still had an active sperm count. Therefore, the original procedure apparently did not accomplish its intended purpose.
I have not wanted to undergo another surgery. My initial reaction was that mistakes can happen and, because I did not believe the injury had severely affected my overall health, I would simply live with the situation. However, the ongoing symptoms and the fact that the vasectomy was unsuccessful have caused me to reconsider whether I should have taken legal action earlier.
There is another aspect of this situation that particularly concerns me. After the original procedure, the physician's office sent me a $15 invoice because my insurance would not cover an additional tray and utensils that were apparently required during the procedure. I contacted the office and explained that, as a matter of principle, I did not believe I should have to pay an additional $15 for supplies associated with a procedure that had resulted in these problems.
I subsequently received a letter stating that the account would be sent to a creditor if I did not pay the $15. Because the physician's office is affiliated with a local hospital to which I have made donations and whose events I have attended, I contacted the hospital/office and asked that the invoice be removed. They ultimately removed the charge, and I never received another bill.
What has been particularly upsetting to me is that, after all of this, I never received an apology, an explanation of what had happened, or meaningful follow-up regarding my condition. The only subsequent communication I received was a request to schedule another appointment to undergo the vasectomy again.
It has now been approximately two years and five months since the original procedure.
I would like an attorney to review this situation and advise me on whether the facts suggest a potential medical malpractice claim, whether I am still within the applicable statute of limitations, whether the alleged severing of nerve tissue rather than the vas deferens could constitute a departure from the applicable standard of care, and whether my continuing symptoms and unsuccessful vasectomy are relevant to causation and damages.
I would also like guidance regarding whether the pathology report and other portions of my medical record should be obtained or preserved immediately, whether I should obtain additional medical evaluation or documentation of my current symptoms, and whether there are any steps I should take now to preserve my legal rights and evidence.
I can provide the medical records that I have, including records from the original procedure, the subsequent urology consultation, pathology information that I was able to obtain, billing correspondence, and any other documentation available to me.
I understand that mistakes can occur in medicine, and I am not trying to make an accusation without having the facts reviewed by someone qualified to do so. I am simply trying to understand what happened, whether the procedure was performed appropriately, whether my current symptoms and the unsuccessful vasectomy are related to what occurred, and whether I should take legal action.
This has been an embarrassing and difficult subject for me to discuss, which is one reason I initially chose not to pursue the matter. I would appreciate an objective assessment of my situation and guidance regarding what I should do next.
Thank you for your time and consideration.
Sincerely,
Joel
On April 26, 2024, I underwent what I understood to be a routine vasectomy. Approximately one week after the procedure, the physician who performed the surgery called me to ask how I was feeling. I told him that I was experiencing discomfort in the area where the surgery had been performed, as well as unusual discomfort in my abdominal region, which I described at the time as "phantom pains."
During that telephone conversation, the physician told me that something extremely rare had occurred and stated that he had "cut the wrong thing." I was shocked by his statement. He indicated that it should not be a significant problem and asked whether I still had complete sensation. I told him that I believed I did.
After the call, I realized that I had not been told specifically what had been cut. I contacted the doctor's office again and asked for clarification. I initially received a vague response that it was "tissue." After repeatedly requesting more information, I subsequently learned that nerve tissue had apparently been severed rather than the vas deferens.
There was also a pathology report relating to the procedure that had initially appeared in my online medical chart. At some point after the procedure, that report was no longer available in the online chart. I do not know why it was removed. I would like an attorney to determine what records exist concerning the tissue that was removed or submitted for pathology and whether the complete medical record has been preserved.
The physician and/or his office again asked whether I had sensation in the area, and I verbally responded that I believed I did. At the time, I did not fully understand the significance of what had happened or what symptoms I might experience later.
Approximately one year after the procedure, I began noticing a persistent "hot spot" or abnormal sensation in the area where the surgery had been performed. I have since developed an extreme and localized itch involving an area of my scrotum. The symptom is embarrassing, uncomfortable, and bothersome. I am concerned that it may be related to the nerve injury I was told occurred during the surgery.
In addition to these symptoms, I subsequently learned that the vasectomy itself was not successful. I had a consultation with another urologist, who confirmed that the vas deferens remained connected and that I still had an active sperm count. Therefore, the original procedure apparently did not accomplish its intended purpose.
I have not wanted to undergo another surgery. My initial reaction was that mistakes can happen and, because I did not believe the injury had severely affected my overall health, I would simply live with the situation. However, the ongoing symptoms and the fact that the vasectomy was unsuccessful have caused me to reconsider whether I should have taken legal action earlier.
There is another aspect of this situation that particularly concerns me. After the original procedure, the physician's office sent me a $15 invoice because my insurance would not cover an additional tray and utensils that were apparently required during the procedure. I contacted the office and explained that, as a matter of principle, I did not believe I should have to pay an additional $15 for supplies associated with a procedure that had resulted in these problems.
I subsequently received a letter stating that the account would be sent to a creditor if I did not pay the $15. Because the physician's office is affiliated with a local hospital to which I have made donations and whose events I have attended, I contacted the hospital/office and asked that the invoice be removed. They ultimately removed the charge, and I never received another bill.
What has been particularly upsetting to me is that, after all of this, I never received an apology, an explanation of what had happened, or meaningful follow-up regarding my condition. The only subsequent communication I received was a request to schedule another appointment to undergo the vasectomy again.
It has now been approximately two years and five months since the original procedure.
I would like an attorney to review this situation and advise me on whether the facts suggest a potential medical malpractice claim, whether I am still within the applicable statute of limitations, whether the alleged severing of nerve tissue rather than the vas deferens could constitute a departure from the applicable standard of care, and whether my continuing symptoms and unsuccessful vasectomy are relevant to causation and damages.
I would also like guidance regarding whether the pathology report and other portions of my medical record should be obtained or preserved immediately, whether I should obtain additional medical evaluation or documentation of my current symptoms, and whether there are any steps I should take now to preserve my legal rights and evidence.
I can provide the medical records that I have, including records from the original procedure, the subsequent urology consultation, pathology information that I was able to obtain, billing correspondence, and any other documentation available to me.
I understand that mistakes can occur in medicine, and I am not trying to make an accusation without having the facts reviewed by someone qualified to do so. I am simply trying to understand what happened, whether the procedure was performed appropriately, whether my current symptoms and the unsuccessful vasectomy are related to what occurred, and whether I should take legal action.
This has been an embarrassing and difficult subject for me to discuss, which is one reason I initially chose not to pursue the matter. I would appreciate an objective assessment of my situation and guidance regarding what I should do next.
Thank you for your time and consideration.
Sincerely,
Joel
