Is this a case worth pursuing?

[cbg]

You have yet to explain what serious and long lasting damages you have that you can prove by medical evidence would not have occurred had the hematoma been drained.

 

[anonymous88]

You have yet to explain what serious and long lasting damages you have that you can prove by medical evidence would not have occurred had the hematoma been drained.

I already stated that it's hardening of the cartilage. Is it serious no? Could it have been avoided with the right protocol? I believe so, according to the research I have done on draining ear hematomas.

 

[quincy]

Well he might have some reasoning for not doing it, but everything I read about ear hematomas mentions it should be drained. An ENT already told me it probably should have been drained. I thought ignorance is not a defense? Or is there just too much grey area here to pursue?

There will always be grey areas and specific facts will always matter.

I think your problem right now is that you are asking the wrong people about the drainage of your hematoma. Our opinions here are no better than the opinion offered you by the ENT or the one offered you by the doctor you spoke to already. Whether you have a claim worth pursuing is unlikely to be answered by reading medical articles online.

And this is because, although many types of hematomas are drained first before compression, some aren't.

What I see as needed is a frank talk with your doctor about how he treated your ear injury. Ask the doctor why he did not drain the hematoma. It is always possible that you will discover he did drain it and you were just unaware of it at the time.

If after speaking with your doctor, what he says makes no sense to you, you can request copies of your medical records. You can either get from other doctors additional opinions based on your medical records and the facts of your injury, or you can find an attorney in your area who will look over your medical records and who will probably consult with a medical expert and who will be able to provide you with an opinion on whether you could have a supportable case against your doctor.

Only a doctor can tell you if the scar tissue and hardened cartilage could have happened anyway and if this is a known complication of your type of injury, with or without drainage. Only a doctor can tell you if the scar tissue and hardened cartilage can lead to additional problems for you later on. And only you know how much the scar tissue and hardened cartilage has affected your life. Only you know the extent of your damages.

I wish you good luck, anonymous88. I suspect you do not have a legal action worth pursuing, but I could be wrong.

 

[cbg]

So, have you lost hearing in the ear? Will you be incurring thousands of dollars of medical bills? What MEDICAL problems is the hardening causing?

Because just having the medical records reviewed is likely to cost you several thousands of dollars, and unless you can show actual damages, just a hardened cartilage is not likely to support the cost of a med-mal action.

 

[anonymous88]

So, have you lost hearing in the ear? Will you be incurring thousands of dollars of medical bills? What MEDICAL problems is the hardening causing?

Because just having the medical records reviewed is likely to cost you several thousands of dollars, and unless you can show actual damages, just a hardened cartilage is not likely to support the cost of a med-mal action.

No loss of hearing, the eardrum was never affected. No, technically the medical procedures are already done. The only expense I may have is if I choose to have surgery to remove the hardened tissue in the future. i would not say the hardening causes any direct medical problems to me, other than it can be painful if under pressure such as sleeping.

 

[cbg]

Then to answer your subject heading question, I would say no, this is not a case worth pursing IMO. It would cost you far, far more than you would ever get back, assuming you got anything back at all, to pursue this legally.

 

[xylene]

While it is exttemely unlikely to resolve the condition totally, have you tried the self care approach of sessions of alternating hot / cold packing to relieve some of the tissue rigidity?

 

[anonymous88]

Then to answer your subject heading question, I would say no, this is not a case worth pursing IMO. It would cost you far, far more than you would ever get back, assuming you got anything back at all, to pursue this legally.

I did assume that I wouldn't have much cost at all because I thought the lawyer fees would be similar to an accident injury case where they just take a percentage.

 

[cbg]

My friend, based on what you've posted here, you wouldn't get an award big enough to cover the cost of the initial record review, let alone enough to pay an attorney. And you certainly wouldn't have any money left over.