MEDICAL MALPRACTICE?

[guns381]

My name is Steve Treadway. My e-mail is [email protected]. I had surgery at Piedmont Medical Center on 8-10-00 for a hernia repair. Dr. Stephen Ohme did the initial inspection of me and found a large hernia above my naval. At that point, Dr. Ohme referred me to a Dr. Theis, who would be perfoming the surgical repair. Dr. Theis performed a surgery to repair a hernia below my naval, completly overlooking the large hernia Dr. Ohme found, the one causing the pain. On my follow up visit with Dr. Theis, he stated that he did a procedure for a hernia below my naval, one which i was never aware of until that moment, and doubt it's existence. I never felt it, or was bothered by pain in that area. The hernia in which I was needing to have repaired, was not addressed during the surgery, or even noticed by Dr.Theis until the follow-up visit after the surgery. I was shocked that he didn't notice it until then. Obviously, one or both of them screwed up. Neither doctor found 2 hernias, Ohme found the one above my naval which was causing my pain, and Dr. Theis, who claims to have found one below my naval, one which I was never aware of, and was not detected by Dr.Ohme. I suspect that Dr. Theis did an unecessary surgery on me, and I still have a serious hernia above my naval requiring surgery. Of course, I want another doctor now, and neither doctor wants to help somebody who may have grounds for a lawsuit. Can you advise me how to obtain medical records to corfirm which doctor is at fault? Neither medical office seems willing to help me obtain documents concerning this unfortunate event. I need help finding out what went wrong.

 

[I AM ALWAYS LIABLE]

My response:

It would appear, and only from a reading of your facts as you see them, that you have a terrific case of Medical Malpractice on your hands.

You DO NOT request anything. You immediately see an attorney who will request the medical records from both doctors and the Nurse's notes and other records of the hospital.

Your attorney will then have the records reviewed by a doctor with the same or better credentials to determine whether malpractice has, in fact, occurred.

Then, your attorney will mail a certified letter to each of the Health Care Providers to place them on a 90 day Notice of Intent to file a lawsuit against each of them.

If a settlement is not made within that time, or soon thereafter, a lawsuit will be filed and served to these Health Care Providers, including the hospital.

You need to be made aware of MICRA in the State of California; the least of which "caps" damage suits to a maximum of $250,000.00 (two hundred fifty thousand dollars) in the event of judgment in your favor. I suggest that you do a search on the internet to read more about MICRA.

Also, you need to know that these types of cases are not cheap to run and, while in process, you will be responsible for all costs which can run into the many thousands of dollars.

See an attorney on Monday who can explain all the costs and little nuances of the ship you're about to set sail on.

IAAL

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