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  1. #1
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    Oct 2017
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    Default Possible Malpractice

    My surgeon put in my medical records that the surgery before my bicep repair wasn't done right. Would that warrant a malpractice suit?

  2. #2
    Join Date
    Oct 1971
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    Default Re: Possible Malpractice

    Quote Quoting Sergeantgrant View Post
    My surgeon put in my medical records that the surgery before my bicep repair wasn't done right. Would that warrant a malpractice suit?
    Maybe, it depends on why and the resulting damages.
    If it was because of a "negligent act or omission" and you suffered significant damages, you may have a case.
    Consult a malpractice attorney and have your case evaluated.


    What is Medical Malpractice?
    Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

    To be considered medical malpractice under the law, the claim must have the following characteristics:
    * A violation of the standard of care - The law acknowledges that there are certain medical standards that are recognized by the profession as being acceptable medical treatment by reasonably prudent health care professionals under like or similar circumstances. This is known as the standard of care. A patient has the right to expect that health care professionals will deliver care that is consistent with these standards. If it is determined that the standard of care has not been met, then negligence may be established.

    *An injury was caused by the negligence - For a medical malpractice claim to be valid, it is not sufficient that a health care professional simply violated the standard of care. The patient must also prove he or she sustained an injury that would not have occurred in the absence of negligence. An unfavorable outcome by itself is not malpractice. The patient must prove that the negligence caused the injury. If there is an injury without negligence or negligence that did not cause an injury, there is no case.

    *The injury resulted in significant damages - Medical malpractice lawsuits are extremely expensive to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that significant damages resulted from an injury received due to the medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.
    http://www.abpla.org/what-is-malpractice

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
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    Oct 2017
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    Default Re: Possible Malpractice

    The resulting damage was that my bicep tore completely into a Popeye arm. The second surgeon said it should have never happened if the procedure was done right? So would I have to get the second surgeon to say this on affidavit?

  4. #4
    Join Date
    Oct 1971
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    Default Re: Possible Malpractice

    Quote Quoting Sergeantgrant View Post
    The resulting damage was that my bicep tore completely into a Popeye arm. The second surgeon said it should have never happened if the procedure was done right? So would I have to get the second surgeon to say this on affidavit?
    Yes, you would need this surgeon to certify his opinion. By damages, they mean compensatory damages, like medical bills and lost wages.
    Pain an suffering is a form of punitive damages but that alone will not justify the cost of litigating the case.

    If you prevail, the comp carrier will file for reimbursement of wage loss and medical paid on this claim after the botched surgery - your only gain would be the punitive damages.
    This is why, in my opinion - malpractice would not be worth pursuing unless you could prove "unusual pain and suffering" so the punitive side would be substantial.
    Otherwise you're fighting for the carrier to be reimbursed for the money paid on your claim with little or no benefit to you.

    Like I said, have a malpractice attorney do an evaluation and see if it's worth pursuing - don't get your hopes up.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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