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Negligent Dr?

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What is the name of your state New Mexico?

I am posting this for my cousin so most of my information is second hand and I know they aren't giving me all the information.

At some point in the last yr my cousin went to the dr cause he was having trouble urinating, my cousin states that the Dr didn't run any test just gave him antibiotics and sent him on his way. 6 months later he had the same issue so he went to a different dr in Durango Co. My cousin states that dr ran lots of tests and found an abscess somewhere near his bladder and drained it then telling my cousin if that burst you would have died. Now my cousin wants to sue the first dr...does he have a case?
 


sandyclaus

Senior Member
What is the name of your state New Mexico?

I am posting this for my cousin so most of my information is second hand and I know they aren't giving me all the information.

At some point in the last yr my cousin went to the dr cause he was having trouble urinating, my cousin states that the Dr didn't run any test just gave him antibiotics and sent him on his way. 6 months later he had the same issue so he went to a different dr in Durango Co. My cousin states that dr ran lots of tests and found an abscess somewhere near his bladder and drained it then telling my cousin if that burst you would have died. Now my cousin wants to sue the first dr...does he have a case?
First and foremost, we don't like to speculate on secondhand information. If you want an honest opinion, your cousin needs to be the one to post so that we can get ALL the information we need to advise you.

I can tell you, just from the information you HAVE provided that there is no reason to believe that the doctor did anything wrong. As you state, it was 6 months later when your cousin went back to the doctor's office with a recurrence of the same problem urinating. Who knows what happened during those 6 months? And, quite honestly, if the problem never went away in that 6 month period, then your cousin has to take SOME responsibility for not returning to the doctor sooner. The abscess that was discovered may never have developed if the original problem that the doctor first found hadn't been allowed to worsen without further treatment.
 
First and foremost, we don't like to speculate on secondhand information. If you want an honest opinion, your cousin needs to be the one to post so that we can get ALL the information we need to advise you.

I can tell you, just from the information you HAVE provided that there is no reason to believe that the doctor did anything wrong. As you state, it was 6 months later when your cousin went back to the doctor's office with a recurrence of the same problem urinating. Who knows what happened during those 6 months? And, quite honestly, if the problem never went away in that 6 month period, then your cousin has to take SOME responsibility for not returning to the doctor sooner. The abscess that was discovered may never have developed if the original problem that the doctor first found hadn't been allowed to worsen without further treatment.
Thank you, I tried telling him that. They are leaving out some information I am sure of it! All he is wanting is a big pay check, He didn't say if his problem went away after taking the meds the Dr gave him...he only said they came back 6 months later...I assumed that meant they went away? He won't post cause I don't think they have a computer they just called us and asked us to help find a mean lawyer to "sue the **** out of the first Dr".
 

Banned_Princess

Senior Member
Thank you, I tried telling him that. They are leaving out some information I am sure of it! All he is wanting is a big pay check, He didn't say if his problem went away after taking the meds the Dr gave him...he only said they came back 6 months later...I assumed that meant they went away? He won't post cause I don't think they have a computer they just called us and asked us to help find a mean lawyer to "sue the **** out of the first Dr".
yea, thats nice. :rolleyes:
 

Proserpina

Senior Member
Thank you, I tried telling him that. They are leaving out some information I am sure of it! All he is wanting is a big pay check, He didn't say if his problem went away after taking the meds the Dr gave him...he only said they came back 6 months later...I assumed that meant they went away? He won't post cause I don't think they have a computer they just called us and asked us to help find a mean lawyer to "sue the **** out of the first Dr".


You may want to repeat this verbatim:

"No, dear relative, you have not won the lawsuit lottery. You have no case".

:cool:
 
What is the name of your state New Mexico?

I am posting this for my cousin so most of my information is second hand and I know they aren't giving me all the information.

At some point in the last yr my cousin went to the dr cause he was having trouble urinating, my cousin states that the Dr didn't run any test just gave him antibiotics and sent him on his way. 6 months later he had the same issue so he went to a different dr in Durango Co. My cousin states that dr ran lots of tests and found an abscess somewhere near his bladder and drained it then telling my cousin if that burst you would have died. Now my cousin wants to sue the first dr...does he have a case?
No.

Maybe if the abscess had burst and he died, but even then - no.
 

sandyclaus

Senior Member
No.

Maybe if the abscess had burst and he died, but even then - no.
Not EVEN if the abscess had burst and he died. There's no proof to show that the doctor failed to diagnose whatever may have caused the abscess - and certainly NOT with the patients failure to seek further treatment in the 6 months that preceded the discovery of the abscess.

It's malpractice ONLY if the doctor did something wrong. If the doctor was never told that the issues still existed, then how could they be expected to treat the problem and prevent the abscess?

Personal responsibility, people!
 

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