Is this a case worth pursuing?

[anonymous88]

I know that medical malpractice case are very hard and that the doctor usually wins, but I would like to know if this is a case worth pursuing. I had an ear hematoma about 10 months ago, almost every treatment I lookup recommends draining the hematoma and then wrapping with a compression band. My hematoma was never drained and just wrapped with a compression band. This caused me to develop some internal scar tissue and hardened cartilage. It is not really noticeable or anything but I believe it wouldn't have happened if it was drained properly. Is this something I can pursue? or will they just claim they thought that was the appropriate treatment at the time? I am in New York state, thank you.

 

[Shadowbunny]

I know that medical malpractice case are very hard and that the doctor usually wins, but I would like to know if this is a case worth pursuing. I had an ear hematoma about 10 months ago, almost every treatment I lookup recommends draining the hematoma and then wrapping with a compression band. My hematoma was never drained and just wrapped with a compression band. This caused me to develop some internal scar tissue and hardened cartilage. It is not really noticeable or anything but I believe it wouldn't have happened if it was drained properly. Is this something I can pursue? or will they just claim they thought that was the appropriate treatment at the time? I am in New York state, thank you.

What are your damages?

 

[quincy]

I know that medical malpractice case are very hard and that the doctor usually wins, but I would like to know if this is a case worth pursuing. I had an ear hematoma about 10 months ago, almost every treatment I lookup recommends draining the hematoma and then wrapping with a compression band. My hematoma was never drained and just wrapped with a compression band. This caused me to develop some internal scar tissue and hardened cartilage. It is not really noticeable or anything but I believe it wouldn't have happened if it was drained properly. Is this something I can pursue? or will they just claim they thought that was the appropriate treatment at the time? I am in New York state, thank you.

The ear injury is from your fall into the hole near your landlord's pool last summer? I hope the pool issue has now been resolved.

Here, for the benefit of others, is a link to your previous thread: https://forum.freeadvice.com/other-personal-injury-wrongful-death-75/injury-claim-worth-making-case-621167.html

It is generally recommended that you have several follow-up examinations after an ear injury, because it is not unusual to have the hematomas reoccur. After your initial visit to your doctor, did you go back to have the ear checked?

 

[anonymous88]

The ear injury is from your fall into the hole near your landlord's pool last summer? I hope the pool issue has now been resolved.

Here, for the benefit of others, is a link to your previous thread: https://forum.freeadvice.com/other-personal-injury-wrongful-death-75/injury-claim-worth-making-case-621167.html

It is generally recommended that you have several follow-up examinations after an ear injury, because it is not unusual to have the hematomas reoccur. After your initial visit to your doctor, did you go back to have the ear checked?

Yes it is and the pool issue has been resolved. I definitely did go for a few follow up examinations after the injury. The hematoma did resolve on it' own but there was never an mention of draining and I believe that would have been more appropriate.

 

[quincy]

Yes it is and the pool issue has been resolved. I definitely did go for a few follow up examinations after the injury. The hematoma did resolve on it' own but there was never an mention of draining and I believe that would have been more appropriate.

Did you ask your doctor why there was no draining before compression? There might have been good reason for treating your injury the way it was treated.

 

[anonymous88]

Did you ask your doctor why there was no draining before compression? There might have been good reason for treating your injury the way it was treated.

No, I didn't. I am just concerned because almost in every medical article I read it mentions to drain.

 

[I'mTheFather]

If it's not noticeable, what are your damages? Have you consulted another doctor, or just read info on the internet?

 

[anonymous88]

If it's not noticeable, what are your damages? Have you consulted another doctor, or just read info on the internet?

It's not noticeable to anyone else but it is noticeable to me. It has caused scar tissue on my cartilage which has made it hard. Yes, I have consulted with another doctor who said if I had a hematoma, they are usually drained.

 

[Zigner]

Have you found a doctor who is willing to state that not draining a hematoma in your case was below the acceptable standard of care?

 

[anonymous88]

Have you found a doctor who is willing to state that not draining a hematoma in your case was below the acceptable standard of care?

I'm sure I could, just curious how hard this would be? They might not want to get involved, but wouldn't that be against their hippocratic oath?

 

[Zigner]

I'm sure I could, just curious how hard this would be? They might not want to get involved, but wouldn't that be against their hippocratic oath?

Really? You have NEVER stated that it shouldn't be done, just that it's usually not done.

 

[anonymous88]

Really? You have NEVER stated that it shouldn't be done, just that it's usually not done.

I'm confused by your comment

 

[Zigner]

I'm confused by your comment

Something not normally being done a certain way doesn't necessarily mean it's below the required standard of care.

 

[quincy]

No, I didn't. I am just concerned because almost in every medical article I read it mentions to drain.

I suggest you speak with your doctor, first, to determine why he did not drain the hematoma.

Hematomas are evaluated to determine if drainage is needed. Although you might have read medical articles that stated hematomas are drained, this is NOT true for all hematomas.

The best way to find out if your hematoma was an exception to the medical-article-rules you read is to ask the one who treated you originally. If you get an unsatisfactory answer from your doctor, seek out opinions from other doctors at that point. I don't know if the internal scar tissue/hardened cartilage alone is enough to support a claim, though. I suspect not.

 

[anonymous88]

I suggest you speak with your doctor, first, to determine why he did not drain the hematoma.

Hematomas are evaluated to determine if drainage is needed. Although you might have read medical articles that stated hematomas are drained, this is NOT true for all hematomas.

The best way to find out if your hematoma was an exception to the medical-article-rules you read is to ask the one who treated you originally. If you get an unsatisfactory answer from your doctor, seek out opinions from other doctors at that point. I don't know if the internal scar tissue/hardened cartilage alone is enough to support a claim, though. I suspect not.

Well he might have some reasoning for not doing it, but everything I read about ear hematomas mentions it should be drained. An ENT already told me it probably should have been drained. I thought ignorance is not a defense? Or is there just too much grey area here to pursue?