QUESTION
Can I sue the doctor for putting too much hard wear thus giving me three years of pain?
Asked on Apr 26th, 2013 on Personal Injury - Iowa
More details to this question:
I had surgery in 2010 on my right ankle. The doctor put 13 screws and 2 metal plates in my ankle. In May of 2011 the hard wear backed out and when the doctor went to remove the hard wear, the ankle rebroke for the second time. I have been in pain for the last 3 years and started seeing another doctor of a third opinion. He stated we needed to take the hard wear out and redo this because he did not align my ankle up right and he used way too much hard wear.
10 ANSWERS
Ronald A. Steinberg
If the new guy will testify.
Answered on Apr 30th, 2013 at 12:00 PM
You need to speak with some medical malpractice attorneys; the first 15-20 minutes should be free.
Answered on Apr 30th, 2013 at 1:06 AM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
First of all, in Florida we have a statute of repose that says under no circumstances can you bring an action for medical malpractice more than four (4) years from which the doctor committed the malpractice, and within 2 years of the date you discovered it. With that being said, you bring a claim against a physician in Florida without a verified opinion (affidavit) from a "similar health care provider" attesting to his/her opinion that the first doctor deviated from the standard of care. So, regardless of what you think, unless another orthopedic surgeon (assuming that is who did the first surgery) is willing to give you an affidavit stating the first doc deviated from the standard of care, you can't bring a claim. Contact a personal injury attorney immediately who has experience handling medical malpractice cases not just any personal injury attorney.
Answered on Apr 29th, 2013 at 3:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
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 first surgeon 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. Also, there may be a statute of limitations problem, depending on what state you live in and a couple of other factors.
Answered on Apr 29th, 2013 at 3:16 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
If doctor number 3 says there is malpractice and he is willing to go to court and say it, you have a case.
Answered on Apr 29th, 2013 at 3:15 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
at
Mishkind Law Firm, Co., L.P.A.
Update Your Profile
Possibly but keep in mind that there is a 4 year maximum (statute of repose) to bring a claim and a 1 year from the date you discovered the negligence and the statute of limitations can be tricky. If you have a permanent disability due to the first doctors negligence in the use of the hardware and the treatment of your ankle and you can demonstrate sufficient economic as well as emotional damages you might have a case worth pursuing.
Answered on Apr 29th, 2013 at 3:15 PM
Christian Joseph Menard
A case fort medical negligence can, generally, only be proves by the testimony of another doctor ego practices in the same medical field as the defendant doctor. If the doctor who was critical if the first surgeon's work will agree to testify as to the negligence you will have a basis for your lawsuit.
Answered on Apr 29th, 2013 at 3:15 PM
James Eugene Hasser
You need another Dr. willing to testify under oath that your Dr messed up. Experienced malpractice lawyers have Drs willing to review records for potential malpractice claims. But be aware, in Alabama you have a 2 year statute of limitations.
Answered on Apr 29th, 2013 at 3:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You have defined a possible medical malpractice case. They have very short periods in which they have to be brought, see an attorney now.
Answered on Apr 29th, 2013 at 3:14 PM
My guess is you had a very bad break and the bone did not heal, a complication that is not uncommon in people that smoke or are older and have low bone density. What patients many times fail to appreciate is that their own behavior complicates a non-elective surgical procedures outcome or success rate. From the little known so far there is no reason to blame anyone for the poor outcome.
Answered on Apr 29th, 2013 at 3:05 PM