QUESTION

Do I have a case if my son has a heart condition that comes with three surgeries and second surgery surgeon damaged a nerve?

Asked on Feb 17th, 2014 on Personal Injury - Idaho
More details to this question:
Second surgery my son’s surgeon damaged his nerve that damaged both diaphragms. Same surgeon did bad work on my little cousin that has similar heart condition and also did bad job on surgery.
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6 ANSWERS

Ronald A. Steinberg
Consult with a malpractice lawyer. A bad result does NOT mean that there was malpractice.
Answered on Mar 04th, 2014 at 8:00 PM

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Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answered on Feb 28th, 2014 at 5:15 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Hard to conduct any type surgery without there being a possibility of touching a nerve. Nerves are everywhere. You need to get the complete medical charts and have them reviewed by a surgeon, then ask him whether you have a case. it is not a legal issue at this point, but a medical question.
Answered on Feb 27th, 2014 at 9:04 PM

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James Eugene Hasser
It takes the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one
Answered on Feb 27th, 2014 at 8:32 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at 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, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of ALL of your son's medical records and have a surgeon review them; if he/she is willing to testify that the previous doctor(s) failed to conform to accepted practice, then you have a case.
Answered on Feb 27th, 2014 at 8:30 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You need to take your records to a local medical malpractice attorney. I know you say he did a bad job, but it may be that it just happens. A local attorney will be able to go through the details with you and determine if there is a problem.
Answered on Feb 27th, 2014 at 8:13 PM

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