QUESTION
Can I be compensated for the mistake the MD did but he did the surgery in good faith?
Asked on Oct 03rd, 2012 on Personal Injury - Florida
More details to this question:
Surgery on bend in arm to remove fatty mask about the size of a quarter. Doctor cut the sensation nerve now the feeling in that arm is like your hand is asleep when you touch it. There is no cure for it. Can I be compensated for the mistake the MD did but he did the surgery in good faith and I don't want to lose him as my MD Doctor, what should I do?
11 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Why hold on to an incompetent doctor?
Answered on Jun 27th, 2013 at 1:07 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Either you don't sue and keep him or sue him and lose him.
Answered on Oct 08th, 2012 at 10:03 PM
Ronald A. Steinberg
A bad result does NOT mean the doctor did anything wrong. People are not like machines. Nerves run in somewhat different spots within the body. Sometimes they are hard to identify and sometimes they are enmeshed in other tissues, and in trying to find the nerve, to isolate the nerve, damage can be done to the nerve. That does not mean that the doctor was wrong.
Answered on Oct 08th, 2012 at 8:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue if you get an opinion from another doctor that he was negligent, and if your damages are serious enough for a lawyer to take the case. I feel that the doctor will no longer want to treat you if you sue. For some reason, doctors take malpractice suits kind of personally. If you want to keep seeing the doctor, do not sue. If you want compensation, sue. I cannot tell you what to do. You must decide.
Answered on Oct 07th, 2012 at 12:18 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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There are bad results and there is malpractice. They are not the same. All bad results are not malpractice. Find a doctor to review your entire chart and tell you whether you have a case or not. You may. You may not. Sometimes nerves or arteries or other important tissues are damaged during surgery. It is not always a case of malpractice. Things happen sometimes.people die in surgery: heart, stroke, anesthesia, shock etc etc etc. talk to your doctor expert.
Answered on Oct 07th, 2012 at 10:53 AM
You should contact a plaintiff's medical malpractice lawyer for specific legal advice.
Answered on Oct 04th, 2012 at 2:47 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Well if you sue him he will most likely not have you as a patient anymore. You can demand compensation from him or you can sue him. You need to sue within 1 year of the date of the surgery, but you first need to make a written demand by certified mail before the 1 year expires (known as a 364 letter). The question is whether he acted below the standard of care in cutting the nerve or tendon that has caused this problem. To sue, you will eventually need an expert to opine that his conduct fell below the standard of care under these circumstances.
Answered on Oct 04th, 2012 at 2:46 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough. You will need to get copies of all of your medical records and have a doctor review them; if he/she is willing to testify that the doctor failed to conform to accepted practice, then you have a case. But even then, you have to prove how much worse you are as a result of the malpractice. These cases are difficult and expensive to prove and they do not settle out of court. So unless you have catastrophic injuries, it does not make financial sense to go forward even if malpractice was committed
Answered on Oct 04th, 2012 at 2:46 PM
It's possible. You would have to show or prove that your doctor committed some type of negligence. You would need another doctor [in the same field as the original to state that there was a deviation from normal medical procedures.
Answered on Oct 04th, 2012 at 11:12 AM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
You can be compensated because regardless of the doctor's intentions or good faith, a mistake was still mad and you now will suffer with a permanent irreversible condition. The fact that this mistake was made, does not automatically mean you have to sue. You can choose to live with the mistake and not sue. If you choose to pursue an action against the doctor, there is virtually no chance that he/she will remain your doctor. In addition, in a medical malpractice the fact that there was a bad or intended outcome does not mean that the doctor committed malpractice. You need to consult an experienced medical malpractice attorney so your records can be reviewed. Only after a thorough review of the records can a decision be made about whether you have a claim for malpractice.
Answered on Oct 04th, 2012 at 11:10 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you don't want to lose him as your doctor, then just grin and bear it. You can't bring a claim against him unless you can get a doctor of the same specialty to testify that what the doctor did consisted of a deviation from the standard of care. In surgery, you can get bad results, so before you alienate your doctor I would approach another similar doctor and ask him if that complication occurs even in the absence of negligence.
Answered on Oct 04th, 2012 at 10:57 AM