Carlos O. entered the hospital in September 2023, expecting a straightforward polypectomy, the removal of a large polyp from his colon. His doctor said he'd be home after one night at most; instead, he spent 19 days in the hospital. Over a period of 11 months, he went through multiple emergency surgeries, made eight trips to the emergency room, and fought for his life while dealing with four drainage bags attached to his body at the same time.
The Law Offices of Sean M. Cleary represented Carlos and his family through this medical nightmare, holding accountable the surgeon whose errors transformed a routine procedure into a life-threatening ordeal.
When Surgical Mistakes Compound Into Catastrophe
During the polypectomy, Carlos's surgeon discovered inflammation and decided to remove four inches of his colon. The surgeon accidentally severed Carlos's ureter, the tube that carries urine from the kidney to the bladder. Standard medical protocol requires surgeons to verify that no damage occurred to surrounding structures before closing the surgical site. This verification step never happened.
Three days after surgery, doctors discovered the cause of his worsening inflammation: urine was leaking into Carlos's abdomen. Surgeons had to place a nephrostomy tube directly into his kidney to drain urine externally. After spending 19 days in the hospital, Carlos went home weighing 20 pounds less than when he entered, still receiving intravenous and oral antibiotics, carrying a nephrostomy bag, and managing an abscess drainage pump.
A Cascade of Infections and Emergency Interventions
Within days of returning home, Carlos felt ill again. Hospital tests revealed the surgical connection in the colon had failed. Waste was leaking into his body cavity, causing a severe infection. Emergency surgery was performed to create a colostomy, and another abscess required surgical drainage. Carlos now carried four separate drainage bags on his body.
The infections continued. Every few weeks brought another emergency room visit. During the 11-month period, Carlos went septic three times, leading to kidney failure and dialysis. He was rushed to the emergency room a total of eight times.
Building the Medical Malpractice Case with The Law Offices of Sean M. Cleary
Following the initial 19 days in the hospital, Carlos and his family reached out to medical malpractice attorney Sean M. Cleary. Sean advised the family on the next steps throughout the entire period of medical treatment. Once Carlos had reversal surgery to take out the colostomy and nephrostomy, the firm took the case forward.
Sean M. Cleary brought in medical experts who concluded the surgeon didn't follow proper procedure by skipping the check for ureter damage before closing. The experts also determined that the colon anastomosis was performed incorrectly, which caused the leak. Their testimony showed these failures constituted medical malpractice, falling below the accepted standard of care, and directly caused what Carlos went through.
Sean M. Cleary's Representation Brought Compensation for Carlos and His Family
The Law Offices of Sean M. Cleary secured compensation for the harm Carlos and his family had to go through after the negligent surgeon turned a simple polyp removal into a long medical nightmare.
If you or a loved one has suffered because a medical professional didn't follow proper procedure, reach out to our Miami office. Medical malpractice attorney Sean M. Cleary is available to discuss your case and let you know if you can pursue compensation for the damage you've suffered.