Nerve damage in surgery

[shaggin]

What is the name of your state? CA I had cosmetic surgery over a month ago (lyposuction on legs). The doctor told me that I would need a week off work and then I should be all better. The pain was so bad during the thrid week I called my doctor on the weekend and his partner was on call and called me back. He told me there is something seriously wrong and I shouldn't be in that much pain after 3 weeks. My doctor then called me back about five minutes after I talked to his partner and he said don't listen to his partner he is an alarmist and told me to just lay down it will heal soon. I went to the ER and the doctor told me I need to see a neurologist. I went to two different doctors and they both said I have nerve damage caused by the lypo and it could take up to a year to heal. I went back to the doctor who did the surgery and he claims he did nothing wrong. Do I have a strong malpractice case? I haven't been able to work since and can barely walk. What typically is a dollar amount I could expect if I did sue and win?

 

[panzertanker]

What is the name of your state? CA I had cosmetic surgery over a month ago (lyposuction on legs). The doctor told me that I would need a week off work and then I should be all better. The pain was so bad during the thrid week I called my doctor on the weekend and his partner was on call and called me back. He told me there is something seriously wrong and I shouldn't be in that much pain after 3 weeks. My doctor then called me back about five minutes after I talked to his partner and he said don't listen to his partner he is an alarmist and told me to just lay down it will heal soon. I went to the ER and the doctor told me I need to see a neurologist. I went to two different doctors and they both said I have nerve damage caused by the lypo and it could take up to a year to heal. I went back to the doctor who did the surgery and he claims he did nothing wrong. Do I have a strong malpractice case? I haven't been able to work since and can barely walk. What typically is a dollar amount I could expect if I did sue and win?

Did you read your informed consent that you signed before surgery?

 

[barry1817]

lipo gone astray

What is the name of your state? CA I had cosmetic surgery over a month ago (lyposuction on legs). The doctor told me that I would need a week off work and then I should be all better. The pain was so bad during the thrid week I called my doctor on the weekend and his partner was on call and called me back. He told me there is something seriously wrong and I shouldn't be in that much pain after 3 weeks. My doctor then called me back about five minutes after I talked to his partner and he said don't listen to his partner he is an alarmist and told me to just lay down it will heal soon. I went to the ER and the doctor told me I need to see a neurologist. I went to two different doctors and they both said I have nerve damage caused by the lypo and it could take up to a year to heal. I went back to the doctor who did the surgery and he claims he did nothing wrong. Do I have a strong malpractice case? I haven't been able to work since and can barely walk. What typically is a dollar amount I could expect if I did sue and win?

To start a malpractice case you need a doctor to testify that there was malpractice.
Then there are three elements to malpractice cases that you need to prove.
The doctor was negligent
The negligence caused the problems
The financial component of the damages

Having a result that isn't satisfactory doesn't mean that any malpractice occurred. So the burden of proof is on you to so that the doctor treated you negligently.

The on call doctor's comment that something is wrong, is not what would be considered to be any proof of negligence as he did not exam you, but only made a comment.

Are either of the other doctors you saw willing to testify that the treatment was negligent, and that the damages caused to you are a result of negligence rather than an outcome that could happen in the best of situations.

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[rmet4nzkx]

Although the amount of fat removed and the method of lipo may affect the risks, there are risks none the less. Was this a board certified plastic surgeon? How much fat was removed? Was it U/S assisted?
LONG TERM EFFECTS OF LIPOSUCTION - A Board Certified Plastic ...
Nerve damage may be one of the long-term effects of liposuction, due to stripping of the outer sheath of nerve cells containing a fatty layer called myelin. ...
www.aboardcertifiedplasticsurgeonresource.com/liposuction/effects.html

 

[ecmst12]

This is a known risk of the procedure. Most likely, no malpractice occurred.