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Sue doctor for failure to preform surgery, emotional damages

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Yourbigpalal83

Junior Member
What is the name of your state (only U.S. law)? New York


Over the past 3 years i set out to loose weight naturally. I used to weigh over 500 pounds, suffer from OCD, Anxiety Disorder, and Depression and I'm on disability for it and receiving treatment for it which i informed both my doctors. Not wanting gastric bypass, i lost over 200 pounds naturally, while under the supervision of a general doctor and a bariatric doctor. The Baratic doctor is the one in question here. In the 3 years i was under his care, he weighed me every few months and kept track of my progress, with the soul intention of getting skin reduction surgery done.

In August of 2015 i was approved for it, and a few days before pre opt his office calls and tells me theres a medicare issue and they haven't gotten paid in the years they have seen me. this was extremely suspect. Anyhow, the surgery is postponed and the next 3 months are spent resolving the issue.

In December of that year, i get a new surgery date 22th of December and i get medical clearance, go in for pre opt, in which i ask if my EKG and everything is ok My ocd makes me question everything and I'm told 'We see no problems'. The day of the surgery comes, and I'm extremely anxious, suffering from anxiety attacks, etc but i go forward with it, arriving at the hospital on time and go into pre opt. I get undressed, put on the hospital attire, laying on the gurney awaiting the doctor and just as I'm about to be giving the IV, I'm told he's canceled and has a fever.

I, in an emotional shock, get up, dressed, and walk out and make an emergency appointment with my therapist to inform her of what happened. While I'm awaiting to see my therapist, my doctor calls, tells me he has a fever, and then informs me that 'Theres a slight issue with your EKG'. I remain polite, but at this point i know he's lying to cover himself, because i distinctly recall asking at pre opt a few days earlier if it was ok and they said 'We see no problems'. Also, logically, wouldn't a problem with ones heart be best informed days before the surgery, not the day of, especially after i walked out after he canceled? So i have a major panic attack there in the office, and my therapist calms me and since the office is also a clinic, the doctor there runs an EKG on me and says despite the fact you just had a severe panic attack, your heart is fine. So i go home that day and the holiday season i spend in a severe depression, contemplating sucidide. I inform my therapist of this, and we both decide its a good idea to get a psych evaluation.

The results of the evaluation indicate i have Post Traumatic Stress Disorder not just from the doctor issue but it added to it and that to adjust treatment for it as well. i do not take meds as in my past experience they have made matters worse and my therapist agrees its not the right approach So, i make a 3rd appointment with the doctor, and he cancels on me at the last moment again, this time 1 hour after his office called to confirm the appointment the day before. At this point I'm physically and emotionally stressed from this whole thing, and me and my therapist agree its best to fire him, and find a new doctor.

Im wondering, if i have a case agents him for negligence, and emotional distress, as now i have to again begin the task of finding and establishing trust with another doctor and the surgery wont be done until the fall at the soonest. Its because of him, i have severe self confident issues, I'm unconformable in my own body because skin reduction surgery was never preformed through no fault of my own, i cant go find a job and begin the process of getting off disability until after the skin reduction surgery, and i suffer from anxiety and panic attacks almost daily because of this.

Thank you for your time.
 
Last edited by a moderator:


quincy

Senior Member
What is the name of your state (only U.S. law)? New York


Over the past 3 years i set out to loose weight naturally. I used to weigh over 500 pounds, suffer from OCD, Anxiety Disorder, and Depression and I'm on disability for it and receiving treatment for it which i informed both my doctors. Not wanting gastric bypass, i lost over 200 pounds naturally, while under the supervision of a general doctor and a bariatric doctor. The Baratic doctor is the one in question here. In the 3 years i was under his care, he weighed me every few months and kept track of my progress, with the soul intention of getting skin reduction surgery done.

In August of 2015 i was approved for it, and a few days before pre opt his office calls and tells me theres a medicare issue and they haven't gotten paid in the years they have seen me. this was extremely suspect. Anyhow, the surgery is postponed and the next 3 months are spent resolving the issue.

In December of that year, i get a new surgery date 22th of December and i get medical clearance, go in for pre opt, in which i ask if my EKG and everything is ok My ocd makes me question everything and I'm told 'We see no problems'. The day of the surgery comes, and I'm extremely anxious, suffering from anxiety attacks, etc but i go forward with it, arriving at the hospital on time and go into pre opt. I get undressed, put on the hospital attire, laying on the gurney awaiting the doctor and just as I'm about to be giving the IV, I'm told he's canceled and has a fever.

I, in an emotional shock, get up, dressed, and walk out and make an emergency appointment with my therapist to inform her of what happened. While I'm awaiting to see my therapist, my doctor calls, tells me he has a fever, and then informs me that 'Theres a slight issue with your EKG'. I remain polite, but at this point i know he's lying to cover himself, because i distinctly recall asking at pre opt a few days earlier if it was ok and they said 'We see no problems'. Also, logically, wouldn't a problem with ones heart be best informed days before the surgery, not the day of, especially after i walked out after he canceled? So i have a major panic attack there in the office, and my therapist calms me and since the office is also a clinic, the doctor there runs an EKG on me and says despite the fact you just had a severe panic attack, your heart is fine. So i go home that day and the holiday season i spend in a severe depression, contemplating sucidide. I inform my therapist of this, and we both decide its a good idea to get a psych evaluation.

The results of the evaluation indicate i have Post Traumatic Stress Disorder not just from the doctor issue but it added to it and that to adjust treatment for it as well. i do not take meds as in my past experience they have made matters worse and my therapist agrees its not the right approach So, i make a 3rd appointment with the doctor, and he cancels on me at the last moment again, this time 1 hour after his office called to confirm the appointment the day before. At this point I'm physically and emotionally stressed from this whole thing, and me and my therapist agree its best to fire him, and find a new doctor.

Im wondering, if i have a case agents him for negligence, and emotional distress, as now i have to again begin the task of finding and establishing trust with another doctor and the surgery wont be done until the fall at the soonest. Its because of him, i have severe self confident issues, I'm unconformable in my own body because skin reduction surgery was never preformed through no fault of my own, i cant go find a job and begin the process of getting off disability until after the skin reduction surgery, and i suffer from anxiety and panic attacks almost daily because of this.

Thank you for your time.
Were you billed for the cancellations?

I do not see that you have any case for negligence or emotional distress.

I agree with your therapist that you should find a new doctor if you still wish to have the surgery, and it sounds very much like you need to continue to see your therapist.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New York


Over the past 3 years i set out to loose weight naturally. I used to weigh over 500 pounds, suffer from OCD, Anxiety Disorder, and Depression and I'm on disability for it and receiving treatment for it which i informed both my doctors. Not wanting gastric bypass, i lost over 200 pounds naturally, while under the supervision of a general doctor and a bariatric doctor. The Baratic doctor is the one in question here. In the 3 years i was under his care, he weighed me every few months and kept track of my progress, with the soul intention of getting skin reduction surgery done.

In August of 2015 i was approved for it, and a few days before pre opt his office calls and tells me theres a medicare issue and they haven't gotten paid in the years they have seen me. this was extremely suspect. Anyhow, the surgery is postponed and the next 3 months are spent resolving the issue.

In December of that year, i get a new surgery date 22th of December and i get medical clearance, go in for pre opt, in which i ask if my EKG and everything is ok My ocd makes me question everything and I'm told 'We see no problems'. The day of the surgery comes, and I'm extremely anxious, suffering from anxiety attacks, etc but i go forward with it, arriving at the hospital on time and go into pre opt. I get undressed, put on the hospital attire, laying on the gurney awaiting the doctor and just as I'm about to be giving the IV, I'm told he's canceled and has a fever.

I, in an emotional shock, get up, dressed, and walk out and make an emergency appointment with my therapist to inform her of what happened. While I'm awaiting to see my therapist, my doctor calls, tells me he has a fever, and then informs me that 'Theres a slight issue with your EKG'. I remain polite, but at this point i know he's lying to cover himself, because i distinctly recall asking at pre opt a few days earlier if it was ok and they said 'We see no problems'. Also, logically, wouldn't a problem with ones heart be best informed days before the surgery, not the day of, especially after i walked out after he canceled? So i have a major panic attack there in the office, and my therapist calms me and since the office is also a clinic, the doctor there runs an EKG on me and says despite the fact you just had a severe panic attack, your heart is fine. So i go home that day and the holiday season i spend in a severe depression, contemplating sucidide. I inform my therapist of this, and we both decide its a good idea to get a psych evaluation.

The results of the evaluation indicate i have Post Traumatic Stress Disorder not just from the doctor issue but it added to it and that to adjust treatment for it as well. i do not take meds as in my past experience they have made matters worse and my therapist agrees its not the right approach So, i make a 3rd appointment with the doctor, and he cancels on me at the last moment again, this time 1 hour after his office called to confirm the appointment the day before. At this point I'm physically and emotionally stressed from this whole thing, and me and my therapist agree its best to fire him, and find a new doctor.

Im wondering, if i have a case agents him for negligence, and emotional distress, as now i have to again begin the task of finding and establishing trust with another doctor and the surgery wont be done until the fall at the soonest. Its because of him, i have severe self confident issues, I'm unconformable in my own body because skin reduction surgery was never preformed through no fault of my own, i cant go find a job and begin the process of getting off disability until after the skin reduction surgery, and i suffer from anxiety and panic attacks almost daily because of this.

Thank you for your time.
Would you have preferred that the sick doctor operate on you? Really?

Make another appointment for surgery.
 

tranquility

Senior Member
No, there seems no case for emotional damages here. New York does happen to have a tort of negligent infliction of emotional distress with the elements of (For direct duty rather than zone of danger theory):

-The defendant breached a duty of care to the plaintiff;
-The defendant (a) unreasonably endangered the plaintiff’s physical safety or (b) caused the plaintiff to fear for his or her safety;
-The defendant’s conduct was extreme and outrageous; and
-The plaintiff suffered extreme emotional distress.

Even if we agree to the 4th element, I don't see a breach of the first three. Certainly not the 2nd and 3rd.
 

quincy

Senior Member
It is the "extreme and outrageous" element of infliction of emotional distress claims that make most of these actions fail.

Liability has been found only where the conduct has been "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." (American Law Institute)

Our "civilized" society appears to exceed all bounds of decency on a regular basis and we find very little to be outrageous or atrocious. We tolerate a lot. Distress over a missed surgery is just not going to support a legal action.



(tranquility, I emptied my private message box)
 
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Yourbigpalal83

Junior Member
Well this is why i asked here before i sought out a lawyer. I wasnt sure but it seems to be the concensious that there is no case. Disapointing, but again i doubt all of this was intentional. Unprofessional in how he handled it, sure, but it happens. In a way im kind of relieved. Ill be searching out another doctor for the skin removal, as ive completly lost faith and trust in him, but now i know i dont have a case, and thank you for your time and advice
 

OHRoadwarrior

Senior Member
There is no law in NY making a doctor perform surgery on a patient. If you are so mentally fragile, you are not prepared for the surgery and post op requirements IMO. I suggest you find a new doctor if you are unhappy with the current one. Further, you have no financial interest in this surgery which was paid for by public funds so your recourse is extremely limited by that also. You cannot complain you paid for something and did not receive it. Rarely, will public funds be used for cosmetic surgeries. unless there is proof of a medical reason such as infection etc, due to the lack of it.
 

quincy

Senior Member
Well this is why i asked here before i sought out a lawyer. I wasnt sure but it seems to be the concensious that there is no case. Disapointing, but again i doubt all of this was intentional. Unprofessional in how he handled it, sure, but it happens. In a way im kind of relieved. Ill be searching out another doctor for the skin removal, as ive completly lost faith and trust in him, but now i know i dont have a case, and thank you for your time and advice
Despite the fact that those who have responded to your legal concern all seem to agree that you have no case against the doctor for either negligence or emotional distress, you should never rely on advice provided on any forum. Although we are a very bright bunch on this forum, we are presented with only a few facts and we base our responses on these few facts only.

You should always seek out an attorney licensed to practice in your jurisdiction for a personal review of all facts for legal advice you can rely on.

That said, I agree with you that your doctor appears to have acted unprofessionally in his handling of the cancellations, and I think you are probably smart to find another doctor you can trust.

Good luck.
 

Yourbigpalal83

Junior Member
Despite the fact that those who have responded to your legal concern all seem to agree that you have no case against the doctor for either negligence or emotional distress, you should never rely on advice provided on any forum. Although we are a very bright bunch on this forum, we are presented with only a few facts and we base our responses on these few facts only.

You should always seek out an attorney licensed to practice in your jurisdiction for a personal review of all facts for legal advice you can rely on.

That said, I agree with you that your doctor appears to have acted unprofessionally in his handling of the cancellations, and I think you are probably smart to find another doctor you can trust.

Good luck.
Thanks. Im in the process of searching for another doctor as i speak. I just wanted to get a take on it and see if there was a general idea of what i had to work with. I think its just best to move on.
 

quincy

Senior Member
Thanks. Im in the process of searching for another doctor as i speak. I just wanted to get a take on it and see if there was a general idea of what i had to work with. I think its just best to move on.
I think you are smart to find another doctor. Good luck.
 

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