possiable malpractice

What is the name of your state? kansas
i was just wondering if your doctor tells you that you need surgury and refers you to a surgon. the second doctor does some test and says there is nothing wrong. send you home. doesn't do the surgury that your doctor refered you to him to do. 2 months later you are still haveing the same problem. you go to a 3rd doctor and he backs up what your doctor said in the first place. that you needed to get it repaired. is there any malpractice law based on neglect?

Rpike said:

is there any malpractice law based on neglect?

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Yes. But it is just as likely (if not more so) that your case was simply a difference in interpretation of any diagnosis. Do you have anything to indicate that this was otherwise, or that this doctor has a pattern of missed diagnosis??

not really

the situation was my wife had a hernia repair 2 years ago it was a pretty server they had to put in alot mesh. well 2 years later the mesh seperated adn her doctor cant do surgury above the belly button. so he told her to go to this other doctor. long story short he told her there was nothing he could do and that it was her pancrease (sp) that was enlarged and that he couldn't do anything. so he put her off. 2 months later the hernia tore worst. and she had to have emergancy surgury. i dont; know much about the doctor. but he was refered by her doctor to do surgury and he didn't

If the pancreas was enlarged due to infection, inflammation, or acute disease process of any type, delaying surgery until the pancreas returned to a more normal state was justified, even if the hernia ruptured two months later.

EC

In what way did the delay in care cause the ultimate outcome to be different than it would have been if the first surgeon you were referred to had peformed the procedure at that time? "Not at all", you say? Then why are you looking for a way to sue? Ya'll jes hopin' to git sum monee fer a new pick'em-up truck?

If the first surgeon you were referred to had proceeded with the surgery, and your wife had suffered injury or death related to complications from having elective surgery during an episode of pancreatitis, would you be happy now?

not sue happy

there was nothing wrong with her pancrease, the doctor put her off. because he put her off she got paratenise (sp) and almost died.

Rpike
It is impossible to tell you if a claim of malpractice exists without your wife's records being reviewed by a medical expert. A medmal attorney can assist you in obtaining the records and obtaining a medical expert's review of the records. You can expect to pay for the costs upfront as the events do not significantly indicate any wrongdoing. I anticipate the costs to be no less than $2,000.

If you know an RN with hospital experience, preferably an RN who works in the operating room or on a surgical floor, obtain your wife's medical records from all physicians involved and ask the RN to evaluate the events. The RN's opinion should assist your wife in deciding whether or not to pursue a medmal claim and could convince an attorney to take the case on a contingency basis if the RN believes a valid claim may exist.

The statute of limitations is running and you need to call a medmal attorney in your area to find out how long your wife has to bring a medmal action. I encourage you to go ahead and call a medmal attorney so that the statute of limitations does not expire and prevent your wife from filing a medmal suit.

EC

You're wearin' me out Rpike:

You said your wife had a recurrent hernia. The first doctor wouldn't operate. You saw a second doctor. The second doctor said "her pancrease (sp) was enlarged", so he "put her off" and "the hernia tore worse" so she had to have "emergancy surgery".

Then you say,

there was nothing wrong with her pancrease

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So, which is it?

info

the first and 3rd doctor she seen said nothing is wrong with her pancrease. just the 2nd doctor she was refered to is the only one that came up with that conclusion. because of his failure to do surgury it got infected and spread through her body paratenitis i belive it was called.

joeyblow said:

You're wearin' me out Rpike:

You said your wife had a recurrent hernia. The first doctor wouldn't operate. You saw a second doctor. The second doctor said "her pancrease (sp) was enlarged", so he "put her off" and "the hernia tore worse" so she had to have "emergancy surgery".

Then you say,



So, which is it?

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This is your last 'suggestion' joey. Either refrain from posting until you have a valid legal position, or be introduced to Mary. It's your choice.

Ok. If the second doctor is a complete idiot and had no reasonable clinical evidence, no lab results, no imaging studies to support his diagnosis, then you may have a case.

Present your case to a medical malpractice attorney. If there potential merit, they will have a medical review of your records performed at no cost to you.