A friend of mine previously had elbow replacement with a prosthesis. He was able to use his hand and his fingers had life in them. One of the screws came out and the doctor was to replace the screw. He did and a week later infection set up. He went back in and inserted antibiotic beads. After that he went back in an took the entire prosthesis out. He said that people can function without them. Now he cannot use his hand at all, his fingers are dead(no feeling). His entire arm just dangles as if it was a rope hanging from something. His arm goes all around his back. Does this qualify for malpractice since he cannot do anything with his hand and arm now when before then he was able to function with the prosthesis , but now he is dependent on others to help him.
2007-12-31 05:53:55 · 8 answers · asked by wantstoknow 1 in Politics & Government ➔ Law & Ethics
The facts are reported indicate that hte condition got worse as a result of the "treatment" that the doctor used on your friend. The fact hat he can not use his hand now and was able to before, should be an indisputable fact, as there should be many witnesses who can testify to this fact. He may be able to sue for emotional distress, pain and suffering, and money to make him "whole" economiocally ( money that he would have been able to earn if the doctor did not treat him in the manner in which he did) as well as punative damages to punish and strongly encourage the doctor to be more careful in the future. In order to do this you need and attorney. This is called personal injury and malpractice. This is the type of case attorneys who do this kind of law are looking for. You will not need to pay an attorney to do this case for you, as many personal injury and malpractice attorneys work on a commission basis which can be as much as 1/4 or even 1/3 of the judgement , which will pay for the attorney services and court cost. This whole process can take a while, but from what is indicated here you have a good case, and there may be more that one issue here due to the individual procedures individually and well as the cumulative effect and resultant harm. You friend should have no trouble finding an attorney to do this, indeed they may be knocking at you friend's door. Be sure to check on the attorney's track record and ask for refernces from people with similar case. Check with (Your State) Bar Association, American Bar Association, or the National Bar Association for references, and litigation hisories. BE SURE TO SELECT A GOOD ATTORNEY!!!!!!! (I found this web site that offers information and has directory available:
Malpractice Attorney Directory: http://www.malpractice-attorney-us.com
2007-12-31 06:49:58 · answer #1 · answered by David M 5 · 0⤊ 0⤋
Doesn't cost a dime to get consultation from a good malpractice attorney. Before he goes, he should get copies of all hospital and doctor's records. The hospital won't give him any grief, but the Dr. might. He should tell the doc he's seeking a second opinion. Take all records and billings into the attorney on the first appt.
Good medical malpractice attorneys have nurses on staff to review medical records. If the case looks promising, they'll send the records on to a doc for a formal opinion (require by law to file suit in most places). They'll let you know. May be a long process, so be prepared.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **
2007-12-31 14:09:45 · answer #2 · answered by scottclear 6 · 0⤊ 0⤋
Doesn't seem like it; but it might be cheaper and less of a problem for the doctor to make a settlement than go to trial.
2007-12-31 14:02:33 · answer #3 · answered by wizjp 7 · 0⤊ 2⤋
yes, i would get an attorney for consultation. consider malpractice ? also consider how the injury occured ? what caused it ? who caused it ? that might be a seperate case itself. i would also get some second opinions and get the infection under control. consider trying again with new doctor for a better solution. i would also see what benefits he might be entitled too under social security or possibility is short or long term disability insurance at work .
2007-12-31 14:02:08 · answer #4 · answered by Mildred S 6 · 0⤊ 0⤋
No malpractice here on the Drs part whatsoever
2007-12-31 14:01:06 · answer #5 · answered by Arthur W 7 · 0⤊ 1⤋
He needs to get an attorney and fast....
2007-12-31 14:00:51 · answer #6 · answered by sirano_sirano 1 · 0⤊ 0⤋
For it to be malpractice, you would have to show that the doctor screwed up. The fact that it didn't work does not necessarily indicate a mistake on the doctor's part.
Malpractice can be very tricky. If you think your friend might have a case, by all means he should consult an attorney which experience in the field to see if there is enough to file against the doctor.
2007-12-31 13:58:54 · answer #7 · answered by Michael C 7 · 0⤊ 0⤋
he should have hired the attorney before the elbow replacement
2007-12-31 13:57:41 · answer #8 · answered by doody goal 3 · 0⤊ 1⤋