I was having surgery and while the they were administering the anestesia they messed up my jaw. Now I can only open my mouth half way and it looks like I'm going to have to have surgery to correct it. Do I have a case of medical malpractice? How do I choose a legit attorney to ask? Thanks!
2007-01-29 14:56:56 · 14 answers · asked by Laura A 1 in Health ➔ General Health Care ➔ Injuries
Firstly, I am not an advocate of litigation, but I feel if this is going to cause me pain or inconvienience for the rest of my life then that is worth some compensation.
I've had X-rays and my oral surgeon has ordered an MRI for tomorrow, so I'll find out then our next course of action. From the first maxofaciallary doctor I talked to (who said this was out of his area of expertise and couldn't help me...referring me to my current dr) it seemed like this was going to take a lot of therapy and after that entail wearing a biteplate for months! This, along with the pain, make me think someone should be liable.
2007-01-30 02:24:47 · update #1
There are 3 criteria for negligence:
1. There was a formal doctor/patient relationship.
2. The doctor did not meet the standard of care.
3. There is some sort of damage because of #2. ie. lost work, loss of income, death, lost productivity.
For what you are describing there is no case because of #3... and maybe #2. For a case to even be brought it costs tens of thousands of dollars. If all the damages you can amass add up to a couple hundred, no lawyer would take the case. It wouldn't be financially beneficial to him/her.
Your best bet is to write a letter to the hospital about the care you got. Every hospital has a patient rep to contact.
As a side note -- it seems that Americans turn too easily to the "Can I sue someone and how much can I get?" solution to problems.
2007-01-29 15:41:26 · answer #1 · answered by Phaedrus 2 · 1⤊ 0⤋
Yes, you do have a case.
Finding an attorney who deals in the medical malpractice field would be your best bet. (Look under the personal injury section of attorney's, wherever you may personally find phone numbers)
Any type of maxiofacial disability or malformation would definitely necessitate surgery of some kind, and so, you should seek legal guidance immediately, as any issues caused by the errors made by the performers of this surgery in which you mentioned, could also even be exascerbated by the very neglect to act upon such issues at once, therefore possibly making culpability lean also towards yourself, out of such neglect, which could find you then without the necessity and surety of ability to be both compensated and treated for such malpractice, and with this highly probable and added permanent damage which would most deinitely find itself likely to occur by neglecting the immediacy in need towards the correcting the issues you mentioned above, which I am also very certain has caused you more than quite a bit of pain, then what will you do?.
I hope you follow my advice very soon, are you feeling okay?
2007-01-29 15:25:57 · answer #2 · answered by Garret Tripp 3 · 0⤊ 1⤋
i had much worse happen to be when i had four-way bypass a year ago. i won't waste time enumerating my complaints but they have much deeper pockets at a huge hospital plus the physicians have an unwritten code to never admit anything. and they work in teams to keep anyone in particular to take all the blame. i was unconscious and had no friends there. i decided to foret it. your jaw just needs exercise, most likely. you haven't had xrays and a specialist examine you, apparently. time has passed. i would start with the specialist first. if he finds you are in need of surgery, he would likely know a lawyer.
2007-01-29 15:06:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think you do. Do your research and check out 3 - 5 attorney's. Or look online for reports on what makes a good attorney.
2007-01-29 15:02:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You open up the phone book and look for medical malpractice lawyers. There are millions of them so just close your eyes and pick one. Then when your medical insurance premiums go up next year, thank yourself!
2007-01-29 15:03:28 · answer #5 · answered by RIVER 6 · 0⤊ 0⤋
Was the doctor's procedure within the norms of his fellow practitioners—if so, you have no case. You may find a hungry lawyer to go after him on contingency.
2007-01-29 15:08:09 · answer #6 · answered by DrB 7 · 0⤊ 0⤋
Please see a Chiropractor with expertise in TMJ disorders before you submit to surgery. Open locks and/or closed locks of the TMJ are common and often easily corrected with safe and simple Chiropractic care. If this fails, you can always opt for surgery.
Best wishes and good luck.
2007-01-29 15:02:58 · answer #7 · answered by Doctor J 7 · 1⤊ 1⤋
Yes you do. As long as you didn't sign any forms such as Arbitration contract you can sue. Talk to friends and find a reputable lawyer. GOOD LUCK!
2007-01-29 15:02:56 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Not against your Doctor, but probably against the Anesthesiologist.
Find a personal injury attorney
2007-01-29 15:04:00 · answer #9 · answered by Anonymous · 1⤊ 1⤋
There is always a consent form you sign that states possible complications. It will be hard to win.
2007-01-29 15:04:53 · answer #10 · answered by Anonymous · 1⤊ 0⤋