If you had a surgery and now encounter some complication, may be the operation was a botched one. If you think you are a victim of negligence, you have many options. But before you do anything else have a doctor examination to determine if the surgery was indeed botched. Also, there is a statute of limitations usually in such cases. Find out if you can sue at this late date.
If you have a doctor who agrees that the surgery was poorly done and needs to be fixed get a couple of estimates of the cost of the fix. Then speak with an attorney who handles medical malpractice about the statute of limitations. The fix may be cheap enough to go to small claims court or you may need an attorney.
Any type of complication post-surgery could give cause of action for a malpractice claim; the question is whether the plaintiff can find the doctor negligent as opposed to 'liable'. And even when it isn't the surgeon's fault, some patients may still sue and win. Other factors that may have contributed should also be considered, such as post-op treatment orders (early ambulation, narcotic selection, etc.) to prevent such complication.
There are people winning lawsuits against restaurants for self-inflicted injuries from spilling coffee on themselves. There are people winning lawsuits against homeowners for self-inflicted injuries in automotive accidents enroute to delivering pizza to these homeowners.
All I can say is that what goes around will eventually come around. Meanwhile the litigation lawyers get richer.
My advice would be that you meet with all parties involved and work with them to settle any dispute or lingering grievance you may still have in an amicable fashion. If you don't eventually get a satisfactory resolution, file a complaint with the medical board in your state. Many medical boards are now Internet-friendly making past complaints about physicians readily accessible to the concerned public.
0 Comments:
Post a Comment