One or Two Lawsuits?

[Summer bee]

What is the name of your state?What is the name of your state?What is the name of your state?New York State

Hi. I previously asked if a Physician asisstant is liable for damages.

My question to you now is...
I have a third party lawsuit in progress already. I was hurt at work partly due to product defect & partly, negligence of outside company worker. I had two yrs of every kind of therapy, ended up with surgery. I have permanent disability.

This lawsuit is still in 'discovery stage'.

After having injections, post sugery, which caused me to have more damage to my back, I have muscle atrophy, additional nerve damage, more pain etc.

In your opinion would what happened to me, injection damage, be a seperate lawsuit, as I have additional problems now? If yes, would it be best to get a Medical Malpractice lawyer or use lawyer I already have ongoing suit with?

When someone sues for malpractice, does it usually stop the doctor from preforming that method of treatment (injection to SI joint in office without aid of xray) ?

I never thought that I would want to sue anyone about anything! My life though has been so altered from these things happening...it is very upsetting.

This is complicated...
Thankyou

 

[ellencee]

Summer Bee
You have an attorney and it is imperative that you consult with him, or her, as soon as possible. In my professional opinion, you have a valid reason to seek compensation from the physician's assistant and his, or her, supervising physican, and their employer (practice). You can't afford to let either case be negative affected by the other case.

Best wishes,
EC

 

[Summer bee]

New York State

AC
My chiro had scheduled an appt w/another spine surgeon for 2nd opinion. Had that visit yesterday(three hour wait, with an appt!). This very attentive doctor viewed my MRI & CT films and also did xrays. He doesn't even see a problem with my SI joint except for some small arthritic changes. Said he strongly believes pain in back is being caused by Stenosis at two levels & disc fragment. Will be sending me for additional test (mylogram).

Turns out I shouldn't have had SI joint injections, period. Not for pain or at that time for diagnostic purpose!! Doctor also said when they want a patient to have a SI joint injection, they send them to hospital for it.

I am going to wait until I have this doctors report in hand and then I will take that along with EMG report to my lawyer.

Thank you again!

 

[Summer bee]

lawyers & 'Conflict of Interest'

Hi EC
I spoke with my lawyer who did some research for me on nerve damage from the injections. He said that he spoke with another law firm, they were not interested in any action against this doctor because the doctor is involved in several cases they are working on. I was told that I would have a problem finding a local Malpractice firm to take action against this doctor because he has a very large practice.
I have called several legal firms and am being told "no" they can't help me because of conflict of interest.
One well known attorney told me I should not sue for Medical Malpractice because this nerve damage is related to my other lawsuit. "I would not have been at surgeons office had it not been for the original injury"
He went on to say that if for any reason I do not succeed in my other lawsuit, I could then go after this doctor for damages caused by injections.
And that I should at that time hire a Med Malpractice firm outside this area, not just any lawyer that would take a case. This lawyer would also have conflict of interest issues.
What do you think?
(also, my lawyer told me he would assist another lawyer with any info he has, medical reports, etc.,he wasn't interested in taking action against this doctor)
Thanks

 

[ellencee]

H

i EC
I spoke with my lawyer who did some research for me on nerve damage from the injections. He said that he spoke with another law firm, they were not interested in any action against this doctor because the doctor is involved in several cases they are working on. I was told that I would have a problem finding a local Malpractice firm to take action against this doctor because he has a very large practice.
I have called several legal firms and am being told "no" they can't help me because of conflict of interest.
One well known attorney told me I should not sue for Medical Malpractice because this nerve damage is related to my other lawsuit. "I would not have been at surgeons office had it not been for the original injury"
He went on to say that if for any reason I do not succeed in my other lawsuit, I could then go after this doctor for damages caused by injections.
And that I should at that time hire a Med Malpractice firm outside this area, not just any lawyer that would take a case. This lawyer would also have conflict of interest issues.
What do you think?
(also, my lawyer told me he would assist another lawyer with any info he has, medical reports, etc.,he wasn't interested in taking action against this doctor)
Thanks

Go outside of your area and find a medmal attorney. The defendants in your original lawsuit are not going to accept liability for damages that would not have occurred except for the negligence of the physician's assistant. The physician, himself, is only liable as the physician's assistant's employer. Keep that in mind when you talk with medmal attorneys and remember to tell any prospective representing-attorney that your present attorney is willing to work with (them) in any other action you take.

Best wishes,
EC