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medical malpractice

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ben

Guest
Is getting a staff infection from knee surgey at a hospital in New York grounds for a law suit?
My son had a knee reconstruction and 3 weeeks later he ended up with staff and had to spend a week in the hospital and then 6 more weeks on IV.
The origional operation was runied by the imfection. and now he is back to wearing a knee brace for the rest of his life.

there is a lot more info . let me know if needed.
BTW IAL HI! and thanks for the past !!
 


T

trial@error

Guest
Same problem but got it in hand,FIRST get medical records from hospital in IN they are free first time,I didnt tell them why just personal request. I have been told by lawyers that it is HARD to sue hospital or find a lawyer that will.It sounds like that your son has "perment damange",also was told easier to sue for negleince (they meesed up but not on purpose).I am hiring a lawyer that gets paid a percentage (33) of what I get. Last night was told that because of the staph my heart might damanged surgerywas in feb 2000, so please check into everything. In IN stature is 2 years good luck
 
C

cdcard

Guest
Der ben:
You don't say what state you're in, but I'll bet you've got grounds for a suit. I strongly recommend setting up a consultation with a local personal injury attorney before you do anything to find out where you stand. Most PI attorneys will give a free half hour consultation and, if he/she takes the case, many will accept a case of this type on a contingency fee basis (ie, the attorney gets paid of the settlement check, not your pocketbook). Also, as trial@error mentioned, you have a limited time to file your suit so I recommend contacting an attorney quickly. I don't know the statute of limitations in your state, but some states have periods as little as one year, so don't wait. Show your attorney as many of the medical records as you have; they may have a medical professional review them also so you probably want to make copies for yourself. You can get a referrel to a local PI attorney either through this website or by requesting a referrel from your local county bar association. Please come back if you have further questions. Best of luck to you.
cdcard
 
B

ben

Guest
Dear CDCard; Read my post please;
(Is getting a staff infection from knee surgey at a hospital in New York... )
I've had a ruff week sorry if I sound curt.
At the moment I'm collecting information. Good idea about asking for all hos. records. Thanks.Lucklly his infection was not in the blood stream . only local in the knee.
I like the negleince concept.
AS for perminent damage I would say so.
Thanks for the advise; Ben
 
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trial@error

Guest
Dear Ben, I am just a 34 housewife and the way I found out it was even in my blood is I also asked for the last three years of the lab office where they send test off to be read. Funny sime of the test in the lab are not in my hospital records.Also ask for compleate records that includes nurses notes and the the tape recording that they use in surgery.I am willing to settle with the insurance company from the hospital and not go to court they say its easier to win.That staph though effects other organs so get your son checked just from my personal advice.
 
B

ben

Guest
I just got this message from a lawyer. what do you think??

"This needs a doctor to say that the infection was caused by someone doing
something wrong.
Simply because it happened does not make a lawsuit."




[This message has been edited by ben (edited October 16, 2000).]
 
B

ben

Guest
Well I guess the next question is should I persue this?
I feel like I bought defective merchandise and still have to pay for it. Plus the Doc removed a tendion from his leg someware else to replace the one under his kneecap, so now he is actually worse than before the 1St operation.
How do I go about "finding" a doctor to investigate his Doctor , or do I just find a lawyer and say "sick um"?
Thanks for the help Ben
 
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PamSJS

Guest
Hi Ben!

I hate to be the bearer of bad news, but, here goes....Before the surgery, you signed a permit authorizing the surgeon and the hospital to perform the procedure. Part of the permit included possible complications and/or side effects. I'd be willing to bet that "infection" was included in that list.

That doesn't mean you don't have a case. If the infection was caused by negligence, i.e., failure to properly change dressings or cleanse the incision, you still have a claim.

I would suggest that before you see an attorney, have a professional review your sons medical records. Legal Nurse Consultants is a widely available service and this is their specialty. For a fee, they will review your sons records, give you a written, detailed report of their findings, and advise you whether or not you may possibly have a case. I do some work locally for attorneys and potential plaintiffs and would be willing to assist you. If interested, you may contact me personally by e-mail at <[email protected]>.

Best of luck to you and your son.
 
D

Donna Evans

Guest
To Ben,
please make sure that when you go to your Dr. ALL, ALL your complianys are WRITTEN down
by him. I'll bet you do have a case, but be warned did you ever hear of the blus wall of silence regarding police, with Dr.s it is worse, they will all stick up for each other,
every compliant MUST be made to your Dr., Iam now starting an appeal for a malpractice case
they can not tell the truth, email me at
[email protected] for more info
 
B

ben

Guest
update ;
I went to the hospital and requested ALL records. Well guess what . the "important" ones they LOST?!?!?
there is NO record of the first operation; only the same day second one to remove the dead tendion and fix the staff infection.... Now what?
 
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PamSJS

Guest
Dear Ben;

Let me enlighten you.....hospitals DO NOT LOSE MEDICAL RECORDS. Obviously, they are trying to cover up something, and are trying to deter you.

First, write a letter, demanding copies of your records. Send it registered mail to the facility administrator. In it, state that you have made attempts to get the records and have been denied. Do not hesitate to say, "If I do not receive the complete medical records within 14 days from the receipt of this letter, I will contact the Hospital licensing authority for the state of _______ and file a formal complaint. Furthermore, I will notify my attorney to begin legal proceedings to obtain the records."

This is itself should be enough to get the information you are asking for. If not, you should seek the services of a good malpractice attorney. You have a very good case, and they have only verified that by refusing to give you the records.

Good luck and let me know how you do. I am here to help you, if I can.

Pam
 
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ben

Guest
thanks Pam, but I didn't need "enlightening'
I know their up to something. I'm just tring to get as much info as I can so when I see a lawyer I'll get his intrest.the hospital is mailing me( at 75 cents/page) the records they did find monday, so we will see what I get. Funny how the first OP where he got the infection was the one they(LOST) wasn't it!
 
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PamSJS

Guest
Ben,

I didn't mean for that to sound sarcastic. Sorry if it did.

I hope you will keep me posted as to developments. This sounds like it will be a very interesting case. None the less, don't let them bully you. Any time you or a family member is injured, acutely or long term, you deserve to be compensated for those injuries. Staph infection is a very serious thing. (By the way, did they say what strain of staph? Was it by some chance MRSA or Methacyllin Resistant Staph Aureus?)

I look forward to hearing from you and wish you luck. Your family is in my prayers.

Pam
 
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ben

Guest
No I wasn't accusing you of being sarcastic.
Just meant I agree with you. I can't remember what strain it was just that it was the hospitals "special brand". when I get the report in a few days you can have copy if you like.
Meantime the hospital is looking for all the "missing" pages.
 

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