Discussions By Condition: Medical Stories

Do I have a malpractice suit?

Posted In: Medical Stories 5 Replies
  • Posted By: Boop595
  • December 28, 2006
  • 04:23 AM

I went to a doctor in January with pains in my knee. He performed athroscopic surgery in March. I went back complaining about the continued pain and was told I had arthritis and needed PT. He did not take any post-op x-rays or MRIs. I then went back with the same problem on my other knee, and again with no x-rays or mris his diagnosis was the same. Arthritis and I needed PT. I finally went to another doctor and now I have MRI results for both knees. The one he performed the surgery on has water iin it and the bones are getting soft. So the water will have to be drained. The new knee I complained about has a torn ligament and edema around the bone marrow. I was lucky to be able to go and get a second opinion but now I'm stuck at home until I find an orthopedic surgeon that will fix these problems. In the meantime I've lost days of work and time from my life I'll never get back. By the way, the MRI reports mention nothing of arthritis. I'm soooo angry. And everytime I think of his bedside manner I want to cry!!! Does anyone know if this warrants a lawsuit? Any advice would be greatly appreciated. Thanks

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  • A lawyer who specialises in malpractice suits would be the one to ask. Im right now considering sueing an childrens eye specialist who I was refered to by another eye specialist who told me to ignore my daughters "I cant see" when she was trying to do her school work etc. He told me she was faking it and only girls tend to fake it and that he had seen 2 other girls that year about her age who were faking it too. (She was about 10 or so at the time) Its just been found out (4 years later) that I was correct in thinking in fact she couldnt see and that her complaints were real. She's now, finally after years of not being able to see her work in school (hence needing special help to get throu all those years and she got so behind), gotten diagnosed and glasses to fix her problem. Could I sue for that.. yeah I believe so.. Im very annoyed and have the proof that he said her eyes were good.
    taniaaust1 2267 Replies
    • December 28, 2006
    • 06:17 AM
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  • I am not sure about the USA or other countries, but it is very difficult to prove "malpractice" in Canada unless there is serious injury or death. Even then, especially in the case of surgery, patients are advised of the possible risks, including death, and sign a consent form agreeing that the risks have been explained to them, and that they are willing to take the risk. Doctors diagnose patients by matching examination findings with diseases or conditions. Sometimes everything can fit but turns out in the end to be wrong. In the case of the little girl with the undiagnosed vision problem, that seems very strange. The only possibility is that she was exaggerating, because what possible advantage to the person testing her vision would there be by denying her glasses? What was the explanation given? I have seen this with children who exaggerate what they cannot hear on a hearing test, to the point that if they really had that much hearing loss, they would not be able to hear anything. I totally believe on taking legal action when needed, but on the same token, it has been said that young people no longer want to go into medicine because of the constant threat of lawsuit-happy patients. It's just something to think about.
    Anonymous 42789 Replies
    • December 28, 2006
    • 02:14 PM
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  • I agree with the last post. It is very easy to misdiagnose, and although that does not make it right, a lawsuit should not be the first thing that pops into your head. Think about what you do for a living, then imagine having to be perfect or everything that you spent 12 years to accomplish, and about 150,000 dollars getting the education, possible snatched away from you because of a small error in judgement. The more appropriate action would be to talk to your doctor to see if you can reach an agreement instead of taking the "American" way and trying to make a chunk of cash off of his error. But, it's your concience, so do what you would like.
    Anonymous 42789 Replies
    • December 29, 2006
    • 06:21 AM
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  • Well, as it stands, after doing some research (which unfortunately I did not do before my procedure) this doctor has been sued twice. Once for operating on the wrong knee and the other for improper follow-up on a patient that had an infection. A malpractice suit was the furthest thing from my mind before I received my new MRI results and gave more thought to my experience. At this point, the past six months of my life and present situation are more important to me than his career. So, after further research, it's good to know that I can also open up a can of worms on this so called "orthopedic surgeon" with the Medical Association. And, maybe three lawsuits will make a difference to someone else. Thank you all for your replies.
    Boop595 1 Replies
    • December 29, 2006
    • 11:39 PM
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  • I had a similar situation with a Dr who was supposed to be an orthapedic surgeon, for an internal fixation ( being a nurse myself, i should have KNOWN to check his credentials, but when you are in that much pain, you don't think that far ahead).. on a shattered Left ankle. After the internal fixation was done, and it was time for the pins that needed to be removed to come out, he left a few in, unfortunately the ones he left in, eventually worked their way out.. and lacerated my achilles tendon.. leaving me on cruches and addicted to vicodin for more then a year, it wasn't until after that year i found out after a records search he wasnt certfied in orthaepeadic surgery.. and had been sued more then once for negligence. This was years ago... late 80's.Now once again.. i am faced with a worse prospect.. only this time.. i am fighting for my life over a dr's incompetency .. so while, litigation might scare some young dr's away from the pursuit of medicine, perhaps it might also make them realize that their actions have consequences.. sometimes.. life and death ones.Kris..Who loves the medical profession, but loves her children and life more .
    Anonymous 42789 Replies
    • January 16, 2007
    • 05:01 PM
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