Medical Malpractice

[Jackofalltrades]

I've had a horrible few weeks since my surgery on the 13th, ranging from an extremely rude Dr who ignored what I told him, to causing nerve damage while I was asleep with an arterial line to admitting me last week during my birthday, for three days to do nothing except dodge me.

I know I have grounds for a suit, but have no experience. I have been recommened an attorney, but wanted to see if anyone here has dealt with anything like this?

[Epistaxis]

I think you might want to wait a few months to see how your recovery goes.

Right now you are surly but do not appear to have grounds for a lawsuit.

back surgery takes a while dude

[Doyle]

Take this for what its worth.

In my family we've had two separate doctors cause us to seek out the advice of an attorney in regards to pursuing malpractice claims. In both cases we've been told that unless you can prove absolute negligence on the part of the doctor or your willing to dump truckloads of cash into a case and outspend an insurance company just to prove the point, then don't bother.

By all means seek out the advice of an attorney but don't be surprised if they tell you you're out of luck.

I had a friend who had back surgery/wanted to sue. This is exactly how it turned out for him. Most likely something was signed before the procedure stating it was a risky operation and they aren't negligent.

[4Corners]

talk to an attorney. I'm sure you can find one who would love to get his grubby little claws in the bank account of a hospital.

BTW; a rude doctor isn't grounds for a lawsuit. You'd have to have some pretty damn good evidence that directly correlates his negligence to your deteriorating condition. There is a chain of command in a hospital, and doctors usually just delegate the BS they don't want to deal with.

[Happy Panther]

I've had a horrible few weeks since my surgery on the 13th, ranging from an extremely rude Dr who ignored what I told him, to causing nerve damage while I was asleep with an arterial line to admitting me last week during my birthday, for three days to do nothing except dodge me.

I know I have grounds for a suit, but have no experience. I have been recommened an attorney, but wanted to see if anyone here has dealt with anything like this?

You need to prove that the doctor did something wrong and that you have been damaged. Rudeness and unavailability doesn't count.

Just be careful as you may end up spending a whole bunch of money on a lawyer for nothing.

But the good news for you is Perdue vetoed the med mal reform bill.

[Lumps]

I wouldn't say don't do anything. You need to stay on top of it if you plan to do anything. If you push them enough, and have anything of substance that could legitimately hurt their image they will eventually settle. The problem is people get greedy when they hear a small offer and then they will pull out the big guns and you get screwed. I had to sue a big church a while back for something they did neglectfully that hurt someone medically, wasn't easy to go up against them in the bible belt but I got a mediocre settlement. It all comes down to the quality of evidence.

[Jackofalltrades]

Well we've spoken to an attorney who doesn't do med, but he thinks we have a case and referred us to someone who's well known in the field. I know you can't sue for inconvenience or getting your feelings hurt, but the fact that I can now barely use three of my fingers on my right hand, have been to the hospital twice for not being able to breath- only to be dismissed both times and have a LOT of post op swelling that has me taking percocet like they're going out of style for constant pain (three weeks removed from surgery) are the reasons for my inquiry.

I guess I'm weighing the risk vs reward here. Like several of you have pointed out I don't have the disposable cash they have to pursue this as strongly as they do. My hope would be for a reasonable settlement, but I know even that is unlikely. I don't want to chase this and wind up in a more dire financial situation than I'm in now.

I should know more as the week goes, I see my surgeon tomorrow and then go for tests on the nerve damage in my hand on Wednesday. Hopefully they'll both yield positive results and none of this will matter.

Also, if you're in Concord and have back or neck issues you'll surely be referrered to Carolina Neurology and Spine Assoc out of Charlotte, just avoid Dr. Finger at all costs, he's at this center of this.

[Razzy]

Good luck Jack. You've basically done what I was going to suggest, which is to find an attorney, find out how long you have to make a case, see other doctors, and wait. It is very much a risk vs. reward kind of thing.

[Johnny Rockets]

I lost feeling in my entire forearm after they reattached my bicep. Not sure it will ever come back. My wife had 7 surgeries on her intestines due to Crohn's disease that took about 20 ft. of them. Only reason she had more than 1 was because her surgeon wouldn't listen to the doctors at Duke that said she was allergic to silk sutures. I wouldn't consider a malpractice case in my situation because I knew the risks involved. We looked into it with my wife because it ruined her life but in most cases you need another surgeon to testify that there was negligence and good luck getting that to happen. I wish you the best John but as Epi said, give it some time and see what happens. I am sure it takes a lot of time to heal with such a serious surgery.

Best wishes on a full recovery.

[4Corners]

crohns disease aint no joke dude they thought I had that sh*t

[R0CKnR0LLA]

You're best statement is "nothing till I consult with an attorney."

Seriously, don't go forward with anything concrete until you've got an attorney advising you, this thread included.

[Jackofalltrades]

Thanks, just sucks that someone can be put through this much pain, get written off by those who are responsible and there's no recourse what so ever.

[Delhommey]

They killed my aunt due to shoddy surgery and negligence and my uncle is still having to wade through mud putting a case together. And all he's looking to do is get the medical expenses covered after what is for all intents and purposes involuntary manslaughter.

Don't believe the hype when it comes to malpractice. The courts are very much on the physician's side.

The idea that it's easy to win lawsuits is very much a myth.

[Epistaxis]

I disagree.

It is ALL about the quality of the legal representation.

For the most part, it is very easy to sue and be awarded damages, particularily if you have a bad outcome.

Not necessarily malpractice, just bad outcome.

The question is, are you willing to PAY for that representation, and willing to put up with the time it takes to see the process thru.