The scenario: You're on vacation, when emergency surgery is needed. You have the surgery, it's successful. You come back home, after a doctor's visit, you realize that surgery never took place, only partly, it wasn't completed. But, the surgeon who operated on you, while on vacation, told you it was a success and never let you know that he/she didn't accomplish it competently.
In the surgeon's report and medical records the complete truth is written, but he/she never let you know, he/she misguided you verbally. Do you have a case here for a lawsuit?
2007-03-27 17:54:07 · 4 answers · asked by CuriousCat 3 in Politics & Government ➔ Law & Ethics
Yes, the surgery was performed in the U.S.
2007-03-27 18:06:15 · update #1
An easier route may be to file a complaint with your insurance company that paid bills to the surgeon that "performed" the surgery on vacation if they billed your insurance for fraudulent services that they did not perform. Above poster is correct in that most doctors will not go on record against another doctor.
For a civil suit will likely hinge on whether or not the Dr. that found that the surgery never took, or only partially, took place is willing to testify. You would also need to show damages...how it affected you physically and emotionally (keeping a journal for pain, lost sleep, loss of consortium, etc.).
2007-03-28 02:33:36 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
I have to tell you don't waste your time and money. Highly on likely you have a case and would win. A good lawyer will probally tell you that right up front. An unscrupulous lawyer might just bleed you dry and say , to bad. Its almost impossible to take on a doctor and win. Most doctors will never go against another doctor and say they did wrong. They really stick together so it makes it impossible to prove any wrong doing.
2007-03-28 02:01:59 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Depends: Are you and that doctor part of an HMO? If so, then youll end up in arbitration.
Was that surgery done here in the States? If it wasnt, then you have to go back to that country to see what you can do if anything.
2007-03-28 01:03:24 · answer #3 · answered by rokdude5 4 · 1⤊ 1⤋
Absolutely. But get a GOOD medical malpractice attorney. Also, was the surgery done within the US? If not, then you probably do not have a case.
If it was performed within the US, I see no reason why you would not be able to fight this.
2007-03-28 00:57:51 · answer #4 · answered by Amy N 4 · 1⤊ 1⤋