QUESTION

Can I sue my doctor and his teaam if they had an oppurtunity to stop what was happening and did not

Asked on Jul 26th, 2012 on Medical Malpractice - Kentucky
More details to this question:
On Wednesday July 18 I had A tympanoplasty and a mastoidectomy. Well by Thursday I was in alot of pain, I couldn''t turn my head to the left, and I couldn''t open jaw but to maybe pass a few words through.  I didn''t sleep much and finally had to call the surgeon again to tell them it was swelled to my collarbone. He told me to come on in and go through the er at UK.  Anyway I get over there  I was hurting so bad I could hardly stand it. The ENT doctors came in to look at me and said everything looked great. I asked how it could look so great as bad as I was hurting. Long story short they sent me home. I get up on Saturday moring and the some of the sutures busted so the infection coud drain somewhat. I called the doctor they told me to come back in that i had a wound infection. So they kept me for two days and told my husband he had to do the packing. We have documented everything and took pictures of the wound . our number is 270-80-1824
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Generally speaking, post-op wound infections are considered an accepted complication of surgery. If a malpractice case is pursued because of a postop wound infection, the underlying premise of the case is  that the attending physicians failed to promptly respond to signs of an infection, and this resulted in permanent harm that could not be avoided.  It does not sound like the small delay you experienced resulted in permanent irreversible harm. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of the medical negligence for the case to be financially viable.  Under the circumstances, I think you will have a difficult time finding an attorney to represent you. If you do want to pursue a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.  Click here for an article that explains what you can expect when filing a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. 
Answered on Jul 27th, 2012 at 9:55 AM

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