Surgery to remove bone fragment but it was not removed

[questionforall]

What is the name of your state (only U.S. law)? CT

My daughter had a fracture several years ago in which a bone fragment was left attached to a tendon, I think it was termed a "floating" bone chip. The bone fragment could no be removed until she was done growing. Once she had matured enough plans were made to remove this fragment. Surgery was completed, follow up was made but my daughter continued to have pain, movement and activities somtimes restricted. After some time she still complained, long after the surgery should have healed. She was basically living on Motrin for awhile. I brought her back, twice. Finally an xray was done and it shows the same bone fragment still in the same place as before. According to the doctor, he did indeed remove a bone chip, a very small one it just was not the bone chip he was supposed to remove.
So now I don't know what to do. He refered us to another ortho doctor (he has since retired), this doctor says sometimes people just "live with it" but if it continues to bother her then he will do surgery to remove it. It still bothers her quite a bit off and on, just not all the time.

What do I do from here? I feel the bone fragment should be removed but I am upset that I will have to pay all the deductibles all over again when I have already paid for a service that was not completed. Can I get this doctor to pay the deductable for the surgery repeat? I am not interested in extra money, just don't want to have to pay for this all over again.

 

[barry1817]

bone fragment

What is the name of your state (only U.S. law)? CT

My daughter had a fracture several years ago in which a bone fragment was left attached to a tendon, I think it was termed a "floating" bone chip. The bone fragment could no be removed until she was done growing. Once she had matured enough plans were made to remove this fragment. Surgery was completed, follow up was made but my daughter continued to have pain, movement and activities somtimes restricted. After some time she still complained, long after the surgery should have healed. She was basically living on Motrin for awhile. I brought her back, twice. Finally an xray was done and it shows the same bone fragment still in the same place as before. According to the doctor, he did indeed remove a bone chip, a very small one it just was not the bone chip he was supposed to remove.
So now I don't know what to do. He refered us to another ortho doctor (he has since retired), this doctor says sometimes people just "live with it" but if it continues to bother her then he will do surgery to remove it. It still bothers her quite a bit off and on, just not all the time.

What do I do from here? I feel the bone fragment should be removed but I am upset that I will have to pay all the deductibles all over again when I have already paid for a service that was not completed. Can I get this doctor to pay the deductable for the surgery repeat? I am not interested in extra money, just don't want to have to pay for this all over again.

''

You can always ask, and see what he says.

 

[questionforall]

Thanks, but....

I would like some feedback whether or not he would be liable for the mistake. This is a legal forum right?

 

[Mass_Shyster]

This is a legal forum right?

Yup.

Unfortunately, you have a medical problem, not a legal one. In order to turn it into a legal issue, you need another medical opinion stating the first doctor was negligent. I'm not aware of any posters here who could make that determination based on your post.

 

[questionforall]

I realize this

I realize this is not a medical forum, however it is a forum about "Medical and HealthCare Malpractice".
Just thought someone might have an idea about this.
I like to think that when I signed to have the surgery, the intent of the surgery was to remove this bone fragment but then it wasn't. Sort of like a broken contract, no?
Has anyone heard of a case like this one?

 

[las365]

From what you have posted, it could be negligence, or it could not be negligence. There is no way for anyone here to tell whether it is or not.

The surgeon was supposed to remove a bone chip. He removed one. It apparently wasn't the right one.

The first advice you received was the best. Ask the first surgeon if he (or his insurance) will pay for the second surgery, or for your deductibles, etc., related to it.