My Husband Had A Botched Vasectomy, Do We Have A Medical Malpractice Suit On Our Hands?

Hello, I am looking for some advice to see if this would be cause for a medical malpractice suit, or at minimum the doctor having to cover the second vasectomy. I apologize this will be long.

My husband underwent a vasectomy in February that should have been the standard 20-30 minute in office procedure. He was back there for almost 2 hours. I was in the waiting room but essentially what he described happening was that the doctor completed the left side in 10 min and the rest of the time was spent on the right side. My husband could feel everything and was almost in tears from the pain. He told the doctor this so he kept applying numbing medicine to the incision area but he could still feel it all. The doctor told him that he had “more tissue than normal” and was having trouble getting it.

Upon sitting up when the procedure was “complete” blood gushed everywhere. The doctor had nicked the side of my husbands scrotum from the inside out and all of the doctors tugging around inside had caused the nick to tear almost half an inch. This is what my husband was feeling and because the doctor was not aware he had done it, he was not applying numbing medicine to the correct area. The doctor stitched my husband up, told him he doesn’t think he got the right side all the way, and scheduled him for a two week check up.

Following the procedure my husband had to take a medication that would hold off an infection from happening to the incision. Once the swelling went down you could see that the incision was not stitched up fully and he was actively bleeding for almost the full two weeks, having to change the bandage multiple times a day. When he went to the two week check up the doctor informed him the stitching looked fine although it was almost still an open wound with a massive scab. As a woman that has had two c-sections, I can tell you that stitching was not done correctly. The doctor confirmed he did not get the right tube completely and he would most likely have to undergo a second procedure under anesthesia.

My husband, out of fear of another botched procedure, waited almost 6 months to get his sperm tested. It did come back that the procedure did not fully work and he is now scheduled for a second vasectomy, under anesthesia, with the same doctor later this month. Insurance is covering $7,000 of the procedure and saying we will owe $700 out of pocket.

My question is, is this case for a medical malpractice suit, or at least should be the doctors responsibility to cover the $700? We have already paid for one procedure. We are aware that a REGULAR vasectomy may not fully work and require a second one, but nothing about this procedure was standard after the first 10 minutes. I appreciate any help.