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Slander by Surgeon

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madjaxem

Junior Member
What is the name of your state? VA

My husband recently had surgery and I accompanied him to a follow up visit. He explained to my husband he needed another doctor to evaluate his constant pain post surgery. As we were about to leave I asked the doctor if we could have a copy of his CT Scan to take to another doctor. The doctor accused me of saying lawyer which I did not do. My husband was there and heard me say doctor too and told the surgeon such. I was called by our family physician that the surgeon contacted him and stated that I said I was calling a lawyer. He also wrote in a report the same. At no time what so ever did I even mention a lawyer. What can I do about this? My family doctor said this could harm us when we do look for another surgeon.
 


S

shell007

Guest
madjaxem said:
What is the name of your state? VA

My husband recently had surgery and I accompanied him to a follow up visit. He explained to my husband he needed another doctor to evaluate his constant pain post surgery. As we were about to leave I asked the doctor if we could have a copy of his CT Scan to take to another doctor. The doctor accused me of saying lawyer which I did not do. My husband was there and heard me say doctor too and told the surgeon such. I was called by our family physician that the surgeon contacted him and stated that I said I was calling a lawyer. He also wrote in a report the same. At no time what so ever did I even mention a lawyer. What can I do about this? My family doctor said this could harm us when we do look for another surgeon.
Have you spoken tot he "surgeon" about this miscommunication?

The surgeon can easily write and addendum and add it to your husband's file to correct this.
 

rmet4nzkx

Senior Member
From your post is sounds like you are looking for an attorney for a med mal case. It sounds like you were not satisfied and sought additional evaluation to confirm grounds for a medmal suit rather than a referred consultation. Tere are ways to get copies of scans for consultations and the referred doctor or one of your choice know how to obtain them with the patient's written consent. There is nothing wrong with the doctor documenting his clinical impression or to document or rule out malingering. Some patients are overly sensitive to pain and benefit from a pain management specialist. If your husband feels the record is wrong,under HIPAA he can have an amendment placed in his file, or explain to the next doctor. It is not slander.
 

madjaxem

Junior Member
shell007 said:
Have you spoken tot he "surgeon" about this miscommunication?

The surgeon can easily write and addendum and add it to your husband's file to correct this.
My husband did tell him again. I was shocked by his accusations and have written the surgeon and my family a letter concerning this. We will also include the letter along with his to the new surgeon.
 

rmet4nzkx

Senior Member
madjaxem said:
My husband did tell him again. I was shocked by his accusations and have written the surgeon and my family a letter concerning this. We will also include the letter along with his to the new surgeon.
What are you not telling us? Why on Earth would you write a leter to your family about this? Now THAT could be slander. Writing letters is NOT how an Amendment is placed in the patient's file. Please focus.
 

madjaxem

Junior Member
rmet4nzkx said:
From your post is sounds like you are looking for an attorney for a med mal case. It sounds like you were not satisfied and sought additional evaluation to confirm grounds for a medmal suit rather than a referred consultation. Tere are ways to get copies of scans for consultations and the referred doctor or one of your choice know how to obtain them with the patient's written consent. There is nothing wrong with the doctor documenting his clinical impression or to document or rule out malingering. Some patients are overly sensitive to pain and benefit from a pain management specialist. If your husband feels the record is wrong,under HIPAA he can have an amendment placed in his file, or explain to the next doctor. It is not slander.

We had absolute intentions of seeing another physician to help my husbands condition only! I can assure you THE PAIN is REAL
 

rmet4nzkx

Senior Member
madjaxem said:
We had absolute intentions of seeing another physician to help my husbands condition only! I can assure you THE PAIN is REAL
Then why don't you concentrate on seeking pain management by a competent pain management specialist? You don't have a legal issue now but you could easily if you continue in the direction you are going.
 

madjaxem

Junior Member
rmet4nzkx said:
Then why don't you concentrate on seeking pain management by a competent pain management specialist? You don't have a legal issue now but you could easily if you continue in the direction you are going.
The surgeon saw something that was left behind after his surgery that he could not identify. He is the one that suggested another surgeon take a look at it. We have an appontment with another one next Wednesday. Pain management isn't the answer here. I have NO intentions of taking anyone to court. I am 100% innocent of these accusations made by this surgeon
 

cbg

I'm a Northern Girl
In any case nothing you have described meets the definition of either defamation or slander.
 

rmet4nzkx

Senior Member
madjaxem said:
What do you mean? There is just so much room to state your case
The site allows 10,000 charagters to type your question or respond. Thus far, you have not presented any facts other than your miscommunicaiton and your intent to write your family and slander the doctor. Given your difficulty with communication here, I can see how you might misinterpret what the surgeon said or said something to indicate you are going to consult an attorney.
 
S

shell007

Guest
madjaxem said:
The surgeon saw something that was left behind after his surgery that he could not identify. He is the one that suggested another surgeon take a look at it. We have an appontment with another one next Wednesday. Pain management isn't the answer here. I have NO intentions of taking anyone to court. I am 100% innocent of these accusations made by this surgeon
So..you are saying that if indeed the "surgeon" left a foreign object inside of your husband, which may be causing the pain (and possible other complications), that you WOULD NOT seek an attorney and/or compensation.....right!!!! :rolleyes: :rolleyes:

I'm starting to think that the surgeon heard you LOUD AND CLEAR.

It's also pretty rare to get another surgeon to "take over care" during a post-op period! Especially to correct another doctor's possible mistake.

JMO!
 

madjaxem

Junior Member
shell007 said:
So..you are saying that if indeed the "surgeon" left a foreign object inside of your husband, which may be causing the pain (and possible other complications), that you WOULD NOT seek an attorney and/or compensation.....right!!!! :rolleyes: :rolleyes:

I'm starting to think that the surgeon heard you LOUD AND CLEAR.

It's also pretty rare to get another surgeon to "take over care" during a post-op period! Especially to correct another doctor's possible mistake.

JMO!
We do not know at this time if it was an error on the surgeon's part. He stated he did not know what the residual was. Our only hope right now is another surgeon can identify it and repair it so my husband's constant pain subsides. I realize the difficulty in finding another surgeon and I know with the report from the surgeon stating I was going to a lawyer won't help. IF I had said anything about an attorney I would not be upset but I DID NOT!
 

rmet4nzkx

Senior Member
COnsult the new surgeon and update us following that appointment, and DO NOT write any letter to anyone in the mean time!
 

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