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surgery gone wrong

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lcenlow

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

My son has miserable malaignment syndrom. He has had surgery for this condition about 7 years ago because they thought it was a birth defect. He recently had to have it again (not a birth defect-no problems with surgery). They did osteotomies of both legs (tib/fibs). This time he had it at a childrens hospital. The surgeon told us what he was going to do during surgery, changed it when we got to the hospital on surgery day, and again during surgery. After surgery when he got to his room we could tell he misaligned his leg due to the angle of his leg. The doctor denied any wrong and said it would heal... give it time. It didnt heal, he couldnt transfer himself after surgery and had to be admitted to a local rehab center (against the surgeons will) so he could learn to transfer himself with his upper body because of the loss of use of his legs until they healed. He continued to make several trips to the hospital (3 hours away) because of complications from the cast (he had to have it removed the first time hours after surgery after screaming for 4 hours in the hospital room--it was too tight). The surgeon seemed like he was trying to cover the situation up. The doctor asked us just what we wanted and I said he wants to do the things he could do BEFORE the surgery that he cant do now...i.e. ride a bike, squat, walk correctly, play his drum while marching, etc. And the doctors reply was, "hes young. Its not like he's going to major in music anyway.He can choose a new major" He is planning on majoring in music but that wasnt the point. He had the surgery because of leg pain, not because he was limited in what he could do. Now he is limited in what he can do. When I bought this to the attention of the administration, they scheduled my son with the head of orthopedic surgery. Shortly thereafter the surgeon who did the surgery incorrectly (turned it in about 25 degrees or more too far inward) resigned and has moved to a new hospital.
A few things that went wrong at hospital-recovery bed too short (son is 6'7" but they had several months to get a bed), hospital bed too short and leg hung off bed causing it to swell needing cast changed (but didnt get it for several hours), therapy didnt make sure he could transfer himself (he was on morphine while she tried showing him how to do it and he was sleeping and couldnt remember her even being in the room), when leaving hospital therapy was by car when she saw he couldnt leave saftely (couldnt fit in car with a seatbelt because of the angle of his leg), wheelchair didnt fit him (ordered right after surgery-had several days to make sure to get one), dr not scheduling thereapy (local dr put him inpatient due to lack of being able to do ANYTHING for himself), cast changed 5 or so times (making trip to indy every time 4 hours away).
Can we hold this dr liable for anything that he did? This caused him to be on homebound school for several months (losing his place in the class for scholorships), possibly 3 more surgeries (when it should have only taken 2 total)--all the pain and suffering he has and will have to endure due to this, the depression he went through during all of this when he found out his leg angle was preventing him from doing anything, and all the school functions he is missing (his band classes and marching band an competitions included) and soon his senior school events.

Please -- any answers about if anthing can be done would be appreciated!
 


lcenlow

Junior Member
Lawyer

:confused: I have been calling for weeks... and only this week did I find a lawyer who is checking into it.
 

ava42805

Member
I ask because it seems to be a very complicated diagnosis and surgery. Frankly, I've never even heard of this disorder. But from reading the complications and alleged errors made by the surgeon, the issue of malpractice does appear to be possible. Again, that statement is prefaced with what I said just before.


Curious? Does your son have Marfan syndrome? I have worked in a clinic within a teaching hospital, and had some limited exposure to that disorder. These children are very tall, possible heart issues, usually longer than avg. skulls, limbs, etc. This disease is a genetic disorder.
 

lcenlow

Junior Member
re:

That IS one of the things all doctors ask when they see him. He has been tested and does not have the disease.

Thanks for your input!
 

Kozloffusa

Junior Member
If the doctor has done a wrong surgery then it's a case of medical malpractice. Take all the reports of your son to the medical malpractice attorney they will tell you what you have to do for that.
 

lya

Senior Member
The hospital provided a corrective action--a surgery that corrected the rotation from the first surgery; you should not be billed for this surgery--the hospital should be willing to forego any and all charges related to the correcting surgery.

You cannot expect to gain anything (as from a lawsuit) by complaining about a children's hospital not having a bed for a 6'7" child--no hospital is required to have such a bed for tall patients. Foot boards are removed to provide the extra length. The same goes for a wheelchair for a 6'7" patient--wheelchairs are going to be too short.

You cannot expect to gain anything by complaining about the hospital's being three hours away--it was your choice to go that hospital.

Your child was going to be impaired and out of school for several months, regardless of the perfection of the surgery or the lack thereof. Home schooling does not preclude scholarships; in fact, your son's condition makes it more likely that he will gain a scholarship, not less.

Your son faces more surgeries and more time convalescing, which means more time out of his activities and more time with home schooling.

It appears that certain things could have been done better; but that is an opinon based on subjective statements--we have no way of knowing the other side.

I sincerely doubt any award for damages related to the first surgery will pay for a review of your son's claim by a medical expert, much less pay for a medmal lawsuit. I think the best you can hope for is not to be billed for the second surgery or any charge related to the second surgery--not the recovery period--just the surgical charges.

On your son's behalf, consult with a medmal attorney--consultations are usually free. Keep in mind that from initial consultation to conclusion of a medmal claim, the average length of time is five years--five long and frustrating years.

If an attorney tells you that your son's claim is going to be a win-win situation, run to another attorney.
 

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