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sue dr?
Posted: Sat Jun 15, 2013 5:40 pm
by Chex
I'm pretty sure you have to go after a personal injury case within two years of the incident so I'm way past that. Sometimes I think and wonder though if anything could have been done. Can a dr. be sued after a hysterectomy that caused pudendal entrapment? The dr. who did it though was very nice and I wouldn't have wanted to do that but.........still........I'm left suffering and sometimes it goes through my head. Any comments?
Re: sue dr?
Posted: Sat Jun 15, 2013 5:47 pm
by molly
I,m from the UK? My pn started fron a unorthdox gynaecolical examination. The doctor could then not undetstand the pain I was in. Ended up having unnecessary lararoscpy and hystefectomy which made the pain much, much worse.
I went down the legal route, I thought I had a really srong case, and got no where. Doctors close ranks and cover their backs.
Molly
Re: sue dr?
Posted: Sat Jun 15, 2013 7:53 pm
by Jax87
Chex, The statute of limitations differs from state to state, so you would need to look it up for your state or see a lawyer. Many have free consultations. Good luck.
Re: sue dr?
Posted: Sun Jun 16, 2013 5:19 am
by HerMajesty
At the very least put in a written report to the Medical Licensing Board so that they can track the doctor if a series of similar complaints come in. Don't expect anything to be done based on your individual case; but harm is done to patients continually because unfortunately very few people complain to the Board about bad care, and so there is no paper trail to raise a red flag even if the doctor has bad outcomes frequently.
Most personal injury lawyers have free consultations (and take cases that look like winners on contingency), so it would probably be easy to explore the idea of a lawsuit at no cost to yourself. Unless there have in fact been a series of complaints against the doctor for shoddy work already, I doubt very much you have a case. Medical malpractice is very hard to prove, because you have to establish definite cause and effect AND that it happened because the doctor committed an error or took a non-standard action that any reasonable doctor would not do. As we know from signing pre-procedure waivers, it is expected in medicine that a small percentage of patients will have a negative outcome even in the absence of medical error. So it is not enough to establish that the pudendal nerve became entrapped in scar tissue secondary to hysterectomy: You would have to establish that this was due to the doctor's actions being in some way outside of acceptable standards of practice. I'm not a lawyer (know a little health care law from being a health care provider), so definitely consult with a lawyer.
Re: sue dr?
Posted: Tue Jun 25, 2013 10:23 pm
by shana
I work in the legal field and I deal with people making frivolous lawsuits all the time for slip and falls that was really only carelessness on their part, or a bar injury where they were hurt because they drank to much and even car accidents where the worst injury they sustained was back pain for a few months and they couldn't play ball. They all come out making some money, even if not a lot. Yes, there are many cases that people suffer real injury and life changing injuries and they come out making lots of money. But with med mal it's so much harder.
I've been trying to find a lawyer to make case, as I would like to sue my doctor as well. Med mal is tricky to begin with, but to prove nerve damage is even trickier. As others have said, doctors are smart and know what they're doing. Because my surgery was performed in MD, I need to sue in MD. Statutes there dictate that you have 3 years from date of surgery to file case or 3 years from when you realized you were injured not to exceed a total of 5 years from date of surgery. My doctor kept pushing me to do this and that and I was so desperate I listened to everything he said. It was only 3 1/2 years post op that I realized my symptoms are PN and all my medical providers currently say the doctor who did my surgery caused it but so far all the attorneys I contacted say the same thing, you sound like you have a good case but it's very hard and costly to prove nerve damage. It can drag on and on for years, it's not worth our time. I haven't given up just yet. I do still have a little over a year to file.
Yes, it would be nice to have some money to help pay my bills but the real reason I want to sue is so this doctor will once and for all get off his high horse and admit he messed up. So I'm not giving up.
I would recommend you speak to a lawyer and find out if the statute of limitations passed already or not and take it from there
Good luck