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Considering filing a medical malpractice suit...

75th

75th

ololollllolloolloloolllol
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Never sued anyone in my life. It would be for my wife, anyway. About a year ago she was having some pains in her ankle. She went to a specialist who took an x-ray, didnt see a fracture, but said "Lets just go ahead and treat it like one." Bought special insoles for her shoes, had to wear a boot for 8 weeks, etc. Nothing really worked...in fact the pain got a bit worse.

Fast forward to today and she finds out she has a huge ass lesion that has eaten away all the cartilage in her ankle and now they have to decide whether they can go in and insert new cartilage, or simply replace the entire fuggin ankle. The lesion could have been spotted easily by a simple MRI scan.

Needless to say were not pleased.
 
lawsuits take a long time. Even if you settle...I'm still in the process of a lawsuit from july of 2008.
 
miplank said:
lawsuits take a long time. Even if you settle...I'm still in the process of a lawsuit from july of 2008.
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I dont mind the wait.
 
chris302001 said:
arent you gonna be a nurse? cant you just take care of her?
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I gotta do all the cooking and cleaning and shopping and shit for 8 weeks while shes in a cast nugga.
 
miplank said:
it doesn't cost anything if they work on contingency.
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ive never had to deal with personal injury/malpractice lawyers, i only know from my experience with real estate and small claims (traffic) attorneys. do they only charge you if you win? in that case, id definately look to see if i could file. so even if you go to trial and the lawyer works for months on the case and you lose, they still wont charge you?
 
timtim said:
ive never had to deal with personal injury/malpractice lawyers, i only know from my experience with real estate and small claims (traffic) attorneys. do they only charge you if you win? in that case, id definately look to see if i could file. so even if you go to trial and the lawyer works for months on the case and you lose, they still wont charge you?
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They'll charge you 33% of your winnings usually. I think if you actually go to trial there can be some additional charges involved but they will tell you that up front. Most lawyers are going to try and settle without going to court unless they're pretty sure they can get more $$$ by going to trial.
 
miplank said:
They'll charge you 33% of your winnings usually. I think if you actually go to trial there can be some additional charges involved but they will tell you that up front. Most lawyers are going to try and settle without going to court unless they're pretty sure they can get more $$$ by going to trial.
Click to expand...

Indeed. From what Ive read 95% of cases are settled out of court via insurance.
 
miplank said:
They'll charge you 33% of your winnings usually. I think if you actually go to trial there can be some additional charges involved but they will tell you that up front. Most lawyers are going to try and settle without going to court unless they're pretty sure they can get more $$$ by going to trial.
Click to expand...

thanks for the clarification. the only lawyers ive been around have charged a shitload for very little work.
 
1/3 of your winnings is still a lot of money considering they'll send out a few letters, maybe make a few calls.
 
75th said:
Never sued anyone in my life. It would be for my wife, anyway. About a year ago she was having some pains in her ankle. She went to a specialist who took an x-ray, didnt see a fracture, but said "Lets just go ahead and treat it like one." Bought special insoles for her shoes, had to wear a boot for 8 weeks, etc. Nothing really worked...in fact the pain got a bit worse.

Fast forward to today and she finds out she has a huge ass lesion that has eaten away all the cartilage in her ankle and now they have to decide whether they can go in and insert new cartilage, or simply replace the entire fuggin ankle. The lesion could have been spotted easily by a simple MRI scan.

Needless to say were not pleased.
Click to expand...

Did she have a lesion in the cartilage that grew because it wasn't properly trimmed? That can happen with knees, where a tear works it's way across the joint sort of like a mylar sheet -- once the tear starts it just keeps going.

I've never heard about that in an ankle though.
 
mrplunkey said:
Did she have a lesion in the cartilage that grew because it wasn't properly trimmed? That can happen with knees, where a tear works it's way across the joint sort of like a mylar sheet -- once the tear starts it just keeps going.

I've never heard about that in an ankle though.
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I dont think she had surgery.
 
chris302001 said:
I dont think she had surgery.
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I gathered that much. With knees, if you get a small cartilage tear, it can sometimes grow over time like a crack in your windshield (much better analogy). What a knee guy will do is scope it and just clip a little chunk out of the tear and it won't migrate any further.

I've never heard of that in an ankle though.
 
No idea yet. Im gonna go in and talk to her new doc (whos doing the surgery) next week. Ill see whats up.
 
mrplunkey said:
I gathered that much. With knees, if you get a small cartilage tear, it can sometimes grow over time like a crack in your windshield (much better analogy). What a knee guy will do is scope it and just clip a little chunk out of the tear and it won't migrate any further.

I've never heard of that in an ankle though.
Click to expand...

thanks for the explanation. :)
 
chris302001 said:
thanks for the explanation. :)
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Well I know you're studying to be a DO and you guys would probably just manipulate the joint and put some herbal shit on it.

I KID!

I actually really like DO's.

P.S. You're still don't get to take my tonsils out just so you can buy a new sports car. Barry has warned me about guys like you.
 
Def sue bro, you'll regret not wanting to. Then he'll continue to practice like a lazy scumbag and someone else will suffer.
 
STFU Ortiz.
 
ortiz34 said:
Def sue bro, you'll regret not wanting to. Then he'll continue to practice like a lazy scumbag and someone else will suffer.
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Yeah but also remember we don't want every single ankle pain patient to get an MRI. When you start multiplying a $1,800 imaging study across every ankle, you bankrupt health care even faster.
 
mrplunkey said:
Yeah but also remember we don't want every single ankle pain patient to get an MRI. When you start multiplying a $1,800 imaging study across every ankle, you bankrupt health care even faster.
Click to expand...

Yeah but I just figured, the doc did an x-ray, saw nothing, decided to treat it like a fracture anyway, my wife told him the pain got worse, and he just said he was out of ideas and to simply take it easy.

Bad bro material.
 
75th said:
Yeah but I just figured, the doc did an x-ray, saw nothing, decided to treat it like a fracture anyway, my wife told him the pain got worse, and he just said he was out of ideas and to simply take it easy.

Bad bro material.
Click to expand...

That one is a tough call too. It's not unusual to bruise a bone or otherwise damage it in almost undetectable ways. While the shafts of the bone are hard (Pick3 in 3... 2... 1...), the ends of bones are more like balls of mush. They can receive blunt trauma and while they feel like a break, don't show up on X-ray. Using a walking boot is pretty standard for someone presenting with ankle pain and a negative X-ray.

Remember too, I don't know shit about your situation. I just have a lot of empathy for doctors because it's a constant struggle over how much testing and treatment to do.

Regardless, I hope she gets better soon.
 
mrplunkey said:
That one is a tough call too. It's not unusual to bruise a bone or otherwise damage it in almost undetectable ways. While the shafts of the bone are hard (Pick3 in 3... 2... 1...), the ends of bones are more like balls of mush. They can receive blunt trauma and while they feel like a break, don't show up on X-ray. Using a walking boot is pretty standard for someone presenting with ankle pain and a negative X-ray.

Remember too, I don't know shit about your situation. I just have a lot of empathy for doctors because it's a constant struggle over how much testing and treatment to do.

Regardless, I hope she gets better soon.
Click to expand...


looloolool
 
mrplunkey said:
Yeah but also remember we don't want every single ankle pain patient to get an MRI. When you start multiplying a $1,800 imaging study across every ankle, you bankrupt health care even faster.
Click to expand...

If Obamacare goes through, even cancer patients will wait months for MRIs. People with muscular and skeletal injuries will be lucky to get an MRI at all within a year.

The Obama-loving Dem morons have NO IDEA how bad it's going to get.
 
canadianhitman said:
If Obamacare goes through, even cancer patients will wait months for MRIs. People with muscular and skeletal injuries will be lucky to get an MRI at all within a year.

The Obama-loving Dem morons have NO IDEA how bad it's going to get.
Click to expand...

That's the other unspoken uglyness associated with any sort of health care reform. A huge source of cost control has to come from managing utilization.

Setting 75th's situation aside completely, you can rest assured that if Nancy Pelosi bumped her head and had blurred vision, she'd be at Walter Reid Hospital demanding at least $50,000 worth of imaging studies. There wouldn't be any wait-and-see medicine practiced on her.
 
75th said:
Yeah but I just figured, the doc did an x-ray, saw nothing, decided to treat it like a fracture anyway, my wife told him the pain got worse, and he just said he was out of ideas and to simply take it easy.

Bad bro material.
Click to expand...

Sounds like the typical "I can't be bothered" doctor who should have his license taken away. If you don't want to figure out what the problem is, then say so and refer but don't misdiagnose it because you are out of ideas.

If you have a record of that "out of ideas" crap then I would sue the shit out of him.
 
timtim said:
gonna be expensive and time consuming. i would definately talk to some lawyers though.
Click to expand...

it's not going to be expensive.

a lawyer would work on contingency- meaning they don't get paid til you get paid.
then they take 1/3rd.

minimum time- around 3 years.

you may have to lay out some money for filing fees, but if your lawyer really feels you have a good case and you can't afford that- they will cover it.
 
ponyfitness said:
Sounds like the typical "I can't be bothered" doctor who should have his license taken away. If you don't want to figure out what the problem is, then say so and refer but don't misdiagnose it because you are out of ideas.

If you have a record of that "out of ideas" crap then I would sue the shit out of him.
Click to expand...

How is treating her for a non-displaced ankle fracture acting like he can't be bothered? It sounds like he suspected either an undetectable fracture or at least a severe soft tissue injury and treated it.

What's his alternative? MRI's for every turned ankle? What about genetic screens too? Maybe she had an ultra-rare genetic disorder that he should have screened for in the first place. And what about potential bone cancer? Shouldn't he have ordered a PET scan as well?
 
mrplunkey said:
How is treating her for a non-displaced ankle fracture acting like he can't be bothered? It sounds like he suspected either an undetectable fracture or at least a severe soft tissue injury and treated it.

What's his alternative? MRI's for every turned ankle? What about genetic screens too? Maybe she had an ultra-rare genetic disorder that he should have screened for in the first place. And what about potential bone cancer? Shouldn't he have ordered a PET scan as well?
Click to expand...

He can't be bothered actually making sure he KNOWS what is going on before he prescribes treatment. To me that's like giving someone water pills because you THINK they have high blood pressure.

From what 75th described he was just lazy and only explored one possible option before giving up and literally saying "I don't know". That's pretty crappy patient care and the guy deserves to at least get called out on it.
 
mrplunkey said:
How is treating her for a non-displaced ankle fracture acting like he can't be bothered? It sounds like he suspected either an undetectable fracture or at least a severe soft tissue injury and treated it.

What's his alternative? MRI's for every turned ankle? What about genetic screens too? Maybe she had an ultra-rare genetic disorder that he should have screened for in the first place. And what about potential bone cancer? Shouldn't he have ordered a PET scan as well?
Click to expand...

Considering ponyfitness is a board certified orthopedist who has reviewed the pts charts thoroughly and knows exactly what happened and what is going on, I'd say we're all fortunate to have his expert opinion.
 
chris302001 said:
Considering ponyfitness is a board certified orthopedist who has reviewed the pts charts thoroughly and knows exactly what happened and what is going on, I'd say we're all fortunate to have his expert opinion.
Click to expand...
I will be staying at a Holiday Inn Express very soon so you Cockasians are very welcome for any opinions I put forth from thereafter.
 
I don't know if not ordering an MRI was a deviation from the standard of care, but the doc/insurance company would probably be able to persuasively argue that it wasn't. People get pissed when, in hindsight, they realize that doctors should have chosen a different course of treatment. That doesn't mean you have a meritorious malpractice claim. Regardless, the doc's insurance company would probably throw some money your way just to make you go away.
 
I'd love to see something where a doctor could relinquish a certain amount of personal discretion (I.e. Follow strict-ish practice guidelines) and recieve limited protection from litigation. Even making the loser pay or limiting puntitive damages when guidelines are followed would be a great move.
 
chris302001 said:
Considering ponyfitness is a board certified orthopedist who has reviewed the pts charts thoroughly and knows exactly what happened and what is going on, I'd say we're all fortunate to have his expert opinion.
Click to expand...

Between someone who looks at a situation and says "I think this is what is going on, but I'm not sure - here, do this." and someone who says "I'm not sure so you should go see this person who will be able to give you a better opinion" which would you pick?
 
ponyfitness said:
Between someone who looks at a situation and says "I think this is what is going on, but I'm not sure - here, do this." and someone who says "I'm not sure so you should go see this person who will be able to give you a better opinion" which would you pick?
Click to expand...

Ive already given 75th my opinion in private. Thanks anyway.
 
75th said:
Never sued anyone in my life. It would be for my wife, anyway. About a year ago she was having some pains in her ankle. She went to a specialist who took an x-ray, didnt see a fracture, but said "Lets just go ahead and treat it like one." Bought special insoles for her shoes, had to wear a boot for 8 weeks, etc. Nothing really worked...in fact the pain got a bit worse.

Fast forward to today and she finds out she has a huge ass lesion that has eaten away all the cartilage in her ankle and now they have to decide whether they can go in and insert new cartilage, or simply replace the entire fuggin ankle. The lesion could have been spotted easily by a simple MRI scan.

Needless to say were not pleased.
Click to expand...
I didn't read all the responses on the thread so this may have already been covered. I used to work for a med-mal attorney. A good med-mal attorney will consult with you, for free, and tell you up front if the case is worth pursuing or not. If the case is worth pursuing, they will work on a contingency basis.

Just playing devil's advocate here, depending on your insurance, don't be too pissed at the doctors. If she didn't really bitch and gripe at the doctor that the pain wasn't improving then they wouldn't know to put her through an MRI :whatever: I

Additionally, HMOs will refuse payment for imaging studies without sufficent cause. If she had suffered some sort of trauma and wasn't in the doctors office complaining about unremitting pain ... see where I'm going? Malpractice lawsuits shouldn't be so much about missing a diagnosis that could have easily slipped under the radar, but more about really fucking up (i.e., ob/gyn dropping the baby at delivery, surgeon leaving a clamp inside someone, etc.).

Anyway, a good attorney will be honest with you. Best of luck.
 
musclemom said:
I didn't read all the responses on the thread so this may have already been covered. I used to work for a med-mal attorney. A good med-mal attorney will consult with you, for free, and tell you up front if the case is worth pursuing or not. If the case is worth pursuing, they will work on a contingency basis.

Just playing devil's advocate here, depending on your insurance, don't be too pissed at the doctors. If she didn't really bitch and gripe at the doctor that the pain wasn't improving then they wouldn't know to put her through an MRI :whatever: I

Additionally, HMOs will refuse payment for imaging studies without sufficent cause. If she had suffered some sort of trauma and wasn't in the doctors office complaining about unremitting pain ... see where I'm going? Malpractice lawsuits shouldn't be so much about missing a diagnosis that could have easily slipped under the radar, but more about really fucking up (i.e., ob/gyn dropping the baby at delivery, surgeon leaving a clamp inside someone, etc.).

Anyway, a good attorney will be honest with you. Best of luck.
Click to expand...


I know I have very good insurance, and I know that my wife mentioned the ongoing pain quite a few times. The new doc she goes to now said theres no reason whatsoever the old doc shouldnt have ordered an MRI. Of course, that may just be his opinion, but it still bugs me.
 
a pet scan ...really? bone cancer...geez


I'll throw in my useless two cents to help my paltry post count

Insurance manages your health care most of the time...insurance says...well, your symptoms don't warrant an mri, you dont get one...plus better faster clearer imaging misses crap too


it works like an algorythm (sp?) ...pretty much every injury/pain starts with RICE and goes from there..

did you mention the pain went on for a year? if so i think that warrants a referral but Im not sure why she didn't seek one on her own...if I miss remembered that with my feable brain and it was shorter...Im surprised the dr treated it as a fracture and not a soft tissue injury

sue if you want, but malpractice suits have driven out competent healthcare in ct cuz the malpractice ins is now obscenely expensive
when i tore the meniscus in my knee care went
RICE
XRAY
PT(which surprisingly helped a lot)
Referral
MRI
Lapro Surg
PT
NSAID's for the osteoarthritis,narcs if its bad and Im not sleeping

I think this is a pretty standard line of care
 
has she missed worked or been out of anything?

You aren't going to get shit for "pain and suffering" so don't waste your time.

Dr's have so much malpractice insurance they can throw way more money than you can at it.

Is this a "get even" anger or do you really think this guy is burning everyone where you have an obligation to file malpractice?

what state you live in? I'd check the statue of limitations before anything but then go to lawyer because they know more than anyone here and they will tell you if you have shit or pissing in the wind
 
Laproscopic surgery for you're knee???????

shirlene29 said:
a pet scan ...really? bone cancer...geez


I'll throw in my useless two cents to help my paltry post count

Insurance manages your health care most of the time...insurance says...well, your symptoms don't warrant an mri, you dont get one...plus better faster clearer imaging misses crap too


it works like an algorythm (sp?) ...pretty much every injury/pain starts with RICE and goes from there..

did you mention the pain went on for a year? if so i think that warrants a referral but Im not sure why she didn't seek one on her own...if I miss remembered that with my feable brain and it was shorter...Im surprised the dr treated it as a fracture and not a soft tissue injury

sue if you want, but malpractice suits have driven out competent healthcare in ct cuz the malpractice ins is now obscenely expensive
when i tore the meniscus in my knee care went
RICE
XRAY
PT(which surprisingly helped a lot)
Referral
MRI
Lapro Surg
PT
NSAID's for the osteoarthritis,narcs if its bad and Im not sleeping

I think this is a pretty standard line of care
Click to expand...
 
canadianhitman said:
If Obamacare goes through, even cancer patients will wait months for MRIs. People with muscular and skeletal injuries will be lucky to get an MRI at all within a year.

The Obama-loving Dem morons have NO IDEA how bad it's going to get.
Click to expand...

As opposed to the nonObamaCare method right now, where they can't get an MRI at all without forcing everyone in their family to go bankrupt for them?

The solution was soething middle of the road and expansion of healthcare services and personnel. Stupid politicians have no idea what SUPPLY and demand means.

wait: Doin't Canadians outside the big 5 cities also wait months for an MRI? :)

c
 
mrplunkey said:
I'd love to see something where a doctor could relinquish a certain amount of personal discretion (I.e. Follow strict-ish practice guidelines) and recieve limited protection from litigation. Even making the loser pay or limiting puntitive damages when guidelines are followed would be a great move.
Click to expand...

actually if plaintifs lose they are ordered to pay the defendants costs,but most plaintives do not care or are not informed they risk a 200k judgment if they lose
 
Not sure if its already been said, but you would need to show that he was negligent by not ordering an MRI. Did you request one? was it reasonable for him to treat the ankle the way he did? That's the kinda shite you're going to be in for!

Good Luck!
 
cept ortho just simply means bones...


articular means joint ....this is depressing..

it was surgery with small holes :(
 
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