Serious thought needed. Malpractice suit? Contact lawyer? Help Wanted.

sch00lteacher

Social Security Sucks
Joined
Sep 29, 2001
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This is a serious issue. I don't need jokes at my expense. I don't need unregistered messages taking pot shots. I am asking for help. Serious thought. If you'd rather PM or email I understand. I do want your input.

Most of you know the deal. I had total hip replacement surgery 11/6/01. I should have been back at work by 1/2/02. I'm not.

* I am still in pain, still taking medication, serious range of motion issues, and endurance issues.

* Expected revovery generaly 8 weeks. 2 months.

* Suffering pay cuts now, on disability.

* Depression setting in, from being stuck at home so long, other issues related to this situation.

* Lost a year of longevity at work, need so many days in the classroom. I am still employed however.

* Doctor admits in letter to insurance that surgery took longer due to tightness of muscle tissue, more cutting necessary than normal. This is also why he says recovery is taking so long.

And other stuff. I am considering talking to a lawyer, I haven't yet.

I like the doctor as a person. Think he is a nice guy. Even if he did fuck up.

Afraid of retaliation by hosptial, 'find someplace else to do business' type thing. Not that there are not other hospitals around, but this is considered one of the best, and I have a lot of connections here. Heart, regular doctor, etc.

I have never done this before. I am a little concerned about the whole issue.

What do you think I should do? I'd like your input. I will consider it, no promises that I will follow any suggestions given.

So?

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second opinion

Have you thought about getting another Doc. to look at you? That might be the way to start. Good Luck
 
Re: second opinion

sport said:
Have you thought about getting another Doc. to look at you? That might be the way to start. Good Luck

Yes I certainly have. But I would kind of like a lawyer to recommend the doctor. If you know what I mean. Make sure I get the needed reports and what not.
 
teach if you want an honest opinion, the lawyer may refer you to a doc that they are in cahoots with, this will only serve to fuel the desire for a law suit. Try a doctor for a second opinion, that has no stake in this whatsoever, you will get at least an honest answer.

try to get the second opinion farther away from home, that reduces the likely hood of the docs knowing each other.
 
Sounds to me like ya'll sort of agree with something I didn't state, second opinion from another doc, in another area (geographical). I didn't want to come out and say it because I thought I wouldn't get any answers.

Has anyone else ever been through this? Any lawyers lurking?

I just don't want to cause myself more trouble than it is worth, know what I mean?
 
Sometimes things just don't work out and it is no one's fault. You may have had excellent medical care, and for your body, this is the best healing time that you can hope for. Have they told you that this pain is permanent or just that it is taking so much longer than normal for you to recover?

When things don't work out quite the way we expect or want them to, it is human nature to try to look for someone to blame. Sometimes there just isn't anyone.

I hope your recovery speeds up- I do understand the "cabin fever" problem. Being away from work that long would drive many people batty, me included.

I like the second opinion idea if only for the reason that it may give you peace of mind, if not a basis for a lawsuit.
 
sch00lteacher, I'm sorry that you're having so many problems. There might be basis for the case, or there might not be, really, only a qualified practitioner of medicine in this field, with access to all of the information in your charts, can make that call. Definately, as other people have stated, get a second opinion. Go to a doctor, and be armed with questions, so you don't just listen. Ask about what could have been done to reduce the amount of cutting, if the extra cutting is a standard proceedure, or if there are other ways. Really, be careful, go to a doctor who you trust, and don't take "It's just a side effect of something" as an answer. Get things explained to you, and don't be afraid to ask for clarification. Then, go see your lawyer. Check with that laywer not only about a malpractice suit, but about your legal rights. If you deserve some sort of compensation for the lost work, etc, it's definately handy to know.

I hope you do recover soon, and I really hope that there is an answer out for you.
 
Legal issues

I'm a lawyer, though haven't practiced in malpractice area. My dad had that surgery last year and it took him a good while to recover, though he was a lot older at the time. If you want to chat about it, you can e-mail me or contact me on icq. It depends on whether the doc was negligent or not. I might be able to provide some more advice with more info. In general, I take the position not to sue unless you really have a case.
 
I am sorry you aren't well, yet. I do understand about the depression brought upon by pain and immobility.

I agree, you need a second opinion.

Based upon what you have said, you haven't indicated that the doctor erred, only that you aren't healing well and quickly.

Another doctor, may be able to look you over and identify reasons for this which may or may not include malpractice.

Try to get some answers and then, move from there.

If you aren't sure which doctor to see, you could make an anonymous call to a reputable attorney's office, requesting names of reputable doctors with whom you can speak openly
about your concerns.

Good Luck

*hugs*

(No wonder you have been on my mind lately) :)
 
Thanks everyone for the input, and for taking this seriously.

I don't know what I am going do yet. I don't want to sue. I really do like this doctor. He has one leg and a great attitude. But you really have to keep after him to get information out of him. I sometimes feel I know more on many subjects than he does (probably true, I do a lot of research).

But I also can't sit at home and watch everything fall apart $ wise because I can't walk.

I probably will at least follow up with another doctor. I have quite a few questions as you can imagine.

Again, thanks to all.

Teach
 
I'm very sorry to hear about the pain and distress, schOOlteach. I understand well your concern about getting in the teaching years and the reduced pay. I was a headteacher and lost my job in the end - a bit of it being a year in a wheelchair after an accident and another year off with osteomyelitis - iatrogenic.

Yes I saw lawyers (English law) and in the end I've found a solution but my entire life has changed and I love it out here, out of schools. And I loved my job.

E-mail me if you want. Good luck!
 
Yo Teach. :)

I'm going to join the chorus of "second opinion" folks. There's not much you can do, legally, I'd imagine, until an unbiased doctor has taken a look at what's happened thus far and at you and come to some sort of a decision.

And it may be that he comes up with a better idea toward speeding y our recuperation and easing your pain than the other doc has thus far. You never know.

Keep your head up, my friend..and drop me a line anytime. You know you can.
 
I had a similar experience after extensive knee reconstruction. Had surgery in October and was supposed to be ready to go back to work by Christmas. I struggled with rehab/PT (--just the way I healed) and didn't actually return to work to work untill May.
I got a second opinion which gave me peace of mind. The truth is that surgeons don't know what they are going to encounter untill they actually get in there. If the surgeon had to do more extensive cutting then of course the healing process will take longer. I might also suggest a second opinion with a different physical therapist for the same reason JazzManJim thinks another Doc might be wise.
The biggest challenge for me was amusing myself when I found myself going nuts from cabin fever. Having friends around helped alot as well as getting out of the house whenever possible...sometimes even when it hurt.
I am sorry that you are having such a difficult recovery process. Be gentle with yourself.
 
I also am sorry you are not getting better as fast as you had hoped.

But you said it yourself with regards to the letter the doctor wrote you.
There were things that came up ( tightness of tissue, more cutting than they planned for ) that can change prognosis for recovery time.
Every person is different. Age, health, weight, can all play a part in recovery times. Barring that the doctors did not leave something inside your body from the surgery, or they did not operate on the wrong body part, just long recovery time is not really the doctors fault. Even though a lot of malpractice lawyers can give you a free consultation, there does not seem to be a lot of meat for a case.

There is nothing at all wrong with getting a second opinion. And 95% of doctors will suggest it themselves and not be insulted over it. It IS your body after all.

I wish you the best of luck and hope you heal faster. It sucks not being able to enjoy things because of pain. :(
 
All good advice, but if you decide that for your peace of mind you wish to get that "second opinion";

Get thee to the Mayo Clinic!!!

They do incredible work, and, although hard to get scheduled at times they do fantastic cutting edge things.

RhumbRunner:rose:
 
ok teach here I am, siging in

:p
 
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