Dr made my condition physically worse

[Jimmydewrag1]

What is the name of your state (only U.S. law)? Ga and Fl law

Do I have a case to sue if my condition occurred more than 5-6 years ago? In 2010 I was in my house and sneezed and I had a sharp pain in right rear of my back near the rib area. I was in alot of pain and went to my primary Dr. He told me that it will be ok and he could fix me right up. So believing in my doctor I said ok do what you have to do. The doctor proceeded to 'crack' my back as that is what he has been helping others with instead of just his 'DO' affiliation practice that he does normally. I did not think it was a good idea and he did it anyway. He proceeded to do this with a Intern or Resident from the teaching hospital in the room. I must have yelled out in so much pain that my doctor told me to be quiet because I was making to much noise,which embarrassed me. I noticed when I was bellowing in pain when the doctor was 'cracking' my back that the Intern/Resident was looking on with such concern in his face for me that it was not hard to notice it. Right there I thought something was not right despite the overwhelming pain from this procedure that made the original pain so much more after this procedure. I sent out of the office right after the procedure. I barely made it to my truck outside(I could barely walk) The pain was so bad I felt like I was going to pass out. I called my wife and she came to the doctors parking lot and assisted me into my truck. I refused calling 911(yep stupid I think)I proceeded to drive to a hospital and laid in a gurney in the hallway for seemed like hours writhing and crying in pain.I was seen and given something for pain and muscle relaxers. Prescribed that medicine and was sent home. However,during the hospital exam the Doctor said that my Primary Doctor should not have even tried that and was amazed that he did.

Now the main question do I have case or did the Statute of limitations ran out for the State of Florida or is there some other legal Course can I consider. I still at times have pain from the same area.


Thank You in advance for any information given to me... JH

 

[FlyingRon]

You are correct, if this took place in Florida, you had to have brought the suit with two years (or within two years of when the problem was discovered, and even in that case no later than four years after it took place).

Even if you brought the suit timely, I'm not seeing how you have any case. A few hours of additional pain isn't going to get you an award even if the care of the first provider was deficient. Just because you "didn't get better" doesn't mean the first doctor was negligent.

 

[Jimmydewrag1]

You are correct, if this took place in Florida, you had to have brought the suit with two years (or within two years of when the problem was discovered, and even in that case no later than four years after it took place).

Even if you brought the suit timely, I'm not seeing how you have any case. A few hours of additional pain isn't going to get you an award even if the care of the first provider was deficient. Just because you "didn't get better" doesn't mean the first doctor was negligent.

Ahem, he did make it worse and quite possibly a chronic condition that has ill effects to this day.That's negligent in my book. Ps. It was not just a little additional pain, I did have to go to the hospital right after his 'help'.

 

[quincy]

Ahem, he did make it worse and quite possibly a chronic condition that has ill effects to this day.That's negligent in my book. Ps. It was not just a little additional pain, I did have to go to the hospital right after his 'help'.

It appears that you have passed the time limit for taking legal action against the doctor, as FlyingRon noted, although you could file a complaint with the state regulating Board.