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re: Calling OT legal experts: Medical Malpractice

Posted on 1/12/17 at 2:36 am to
Posted by King Teal
The Last Banana Republic
Member since Sep 2016
988 posts
Posted on 1/12/17 at 2:36 am to
Absolutely. I hope you sue them under the ground.

This is why you only see specialists; general practive 'physicians' are usually the bottom of the barrel in their med school, if they even went to a med school in the states.

Honestly, most NPs are better than docs nowadays because a NP had to bust their arse to get their.
Posted by Merck
Tuscaloosa
Member since Nov 2009
1693 posts
Posted on 1/12/17 at 2:58 am to
quote:

The third doctor is the ER doctor who was on duty for both my trips to the ER.


It makes sense to me. I imagine the conversation went something like "The other 2 doctors I saw said it was pneumonia, but I think there's something still wrong with me." And then the third doctor glances at your test results, says "Yeah, pneumonia sounds about right. That can take a while to get over, you'll probably be OK with some more drugs." And starts thinking about the next patient he's going to see.
This post was edited on 1/12/17 at 2:59 am
Posted by Jorts R Us
Member since Aug 2013
17992 posts
Posted on 1/12/17 at 4:33 am to
OP, I read about half your post to my doc wife and she immediately said "need to rule out chf." Ugh. Shitty situation. Good luck.
This post was edited on 1/12/17 at 4:39 am
Posted by Restomod
Member since Mar 2012
13493 posts
Posted on 1/12/17 at 6:08 am to
In short, no you do not have a legitimate case.

Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74554 posts
Posted on 1/12/17 at 6:27 am to
quote:

OP, I read about half your post to my doc wife and she immediately said "need to rule out chf." Ugh. Shitty situation. Good luck.




Yep. It's not like CHF is hard to identify. The symptoms are pretty obvious if you know what you're looking for... which any docotor or nurse should know.
This post was edited on 1/12/17 at 6:31 am
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
151512 posts
Posted on 1/12/17 at 6:31 am to
Go get you a consultations bro.... can't hurt. I mean honestly the main thing is you shook back and hopefully you're here for her long haul.

I know we frick around on this board but man you are wayyy too younalg and have too many years with your family left to be having this stuff happen. Get yourself as healthy as possible and stay positive.

Cheers my brother.
This post was edited on 1/12/17 at 6:33 am
Posted by OTIS2
NoLA
Member since Jul 2008
52751 posts
Posted on 1/12/17 at 6:40 am to
Meet with a reputable med mal attorney. Take complete copies of all records, both paper and scans. You have one year from the date you knew or should have known of the alleged malpractice to take legal action.

You may well have a claim, but find out, as best you can, if the malpractice caused actually damage, or, arguably, just a delay in the care you received w/o actual damage beyond that. Good luck on making the best desicions going forward.
Posted by NaturalBeam
Member since Sep 2007
15041 posts
Posted on 1/12/17 at 6:42 am to
I'd recommend going to talk with someone. You may very well have a legit case - don't listen to the clowns in here that say otherwise. They are the reason our med mal system is a sham for plaintiffs and are always the first to complain about that system when they later need it.

Don't wait either - there may not be a lot of time left on prescription here, but if you sit around and wait too long, you won't give your lawyer enough time to obtain and sufficiently review your medical records. And you might need more than one opinion.

*I am a med mal lawyer
This post was edited on 1/12/17 at 7:42 am
Posted by baldona
Florida
Member since Feb 2016
24440 posts
Posted on 1/12/17 at 6:49 am to
So let's say you can sue, what are you looking to get out of it? Your medical bills and time off work paid for? I mean ultimately you are okay, I don't see the need to sue for all kinds of money here personally but I could see for covering bills that may not of needed to be paid had it been diagnosed earlier.

I also find it odd if CHF is so easy to diagnose that 3 doctors missed it completely. I hate to say this, but there's a chance you were a hard or bad patient. Its odd to me you took so long between appointments, usually doctors will say if nothing changes in 7-10 days to come back in. Waiting 30 days between visits is not something I've ever been told. I would think its very possible that you were difficult to diagnose and poor at explaining your conditions, given some were clear on the charts and your feet/ weight gain visually obvious.
Posted by NaturalBeam
Member since Sep 2007
15041 posts
Posted on 1/12/17 at 6:55 am to
OP, what part of the state are you in? I can give you some names of well-reputed folks to talk with.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74554 posts
Posted on 1/12/17 at 6:55 am to
The only time I waited close to 30 days was between the first visit in August and the second one in September. It was during this time they'd told me I had asthma. Once I went back to the doc in September and they then claimed I had pneumonia, I was at the docotors of the ER at least once every week to week and half until late October when I finally realized they had no clue what was really wrong with me.

As for being a "hard" patient, whatever that is, I was always honest and upfront with my doctors about what I was experiencing. But even had I been a deaf mute, they still should have easily seen I had CHF.
Posted by Jake88
Member since Apr 2005
80807 posts
Posted on 1/12/17 at 7:01 am to
quote:

This is why you only see specialists; general practive 'physicians' are usually the bottom of the barrel in their med school, if they even went to a med school in the states.



This is ignorance on parade. You'd do well to check out where a ton of cardiologists got their MD. You'd be shocked by the numbers from the Middle East and South America. Internal medicine docs are not the bottom of the barrel, either. Again, quite stupid. Besides, the barrel is not very deep in the medical field.
quote:


Honestly, most NPs are better than docs nowadays because a NP had to bust their arse to get their.


What does this even mean? You think med students just walk into medical school? So stupid.
Posted by Displaced
Member since Dec 2011
33054 posts
Posted on 1/12/17 at 7:12 am to
quote:


3. They came close to killing me. In fact, had I just listened to them, I'd have died around the middle of November at the latest.


Pretty sure that you bear most of the responsibility here. Plaquey heart at 40something (with a genetic defect) probably means you aren't treating your body right. But hey Norma Rae, sue away. Waste some money.

Better yet, next time you think you're dying how about don't go to the neighborhood pop-a-doc in bumblefrick Alabama and maybe try to go somewhere better.
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
48562 posts
Posted on 1/12/17 at 7:24 am to
quote:

They assured me he shortness of breath was common and "pneumonia can take months to get over". As for the swelling, they said that was due to steroids, which was also wrong.


None of the things they told you are wrong. Shortness of breath is common for people recovering from pneumonia and it can take months to get over, particularly for overweight or older folks (keep in mind the ER doctors mostly only know what they see and what you tell them when you show up in the ER). Steroids can cause swelling, sometimes considerable swelling in extremities.

That being said, I'd definitely consider a different primary physician.

What was the underlying condition and what type of heart surgery did you have?
This post was edited on 1/12/17 at 7:25 am
Posted by flash
NOLA
Member since Sep 2005
518 posts
Posted on 1/12/17 at 7:33 am to
Based on what you said the first doctor had little reason to suspect CHF. The other doctors should have been more suspicious, but I doubt reach level of malpractice. You didn't develop the need for surgery based on delay in diagnosis. It sounds like you had long standing CAD. You are well on way to recovery and need to take care of your health. Good luck
Posted by Theboot32
Mandeville/Poplarville
Member since Jan 2016
2454 posts
Posted on 1/12/17 at 7:37 am to
quote:

This is not true at all. There are tons of doctors out there who make their living testifying against other doctors for plaintiffs.


I would not say tons by any means, yes you can get them as experts, but when it comes to the panel phase, this statement is pretty accurate
Posted by baldona
Florida
Member since Feb 2016
24440 posts
Posted on 1/12/17 at 7:38 am to
As said a consultation is free why not see a lawyer? A good lawyer is not going to waste their own time and will shoot you straight.

I think it's important to ask what you did wrong here also. Say what you want, but everyone but you agrees that 3 doctors missing something seemingly 'obvious' is odd and the common denominator is you. The doctors weren't teaming up to kill you.

There's basically 3 scenarios here:
1.) 3 doctors made same mistake
2.) medical diagnosis was not obvious
3.) medical diagnosis should of been caught but patient gave odd symptoms
Posted by Jorts R Us
Member since Aug 2013
17992 posts
Posted on 1/12/17 at 7:40 am to
Don't let anybody on the OT make you feel like you didn't handle this right. Hell, what else can you do but go to a professional?

Idk if you have a case or not, but I don't blame you for looking into it. I'd get a couple of consultations with lawyers and if they say no shot or not worth then I just move on. If you want to leave a warning for others you can always review your docs on zocdoc or something. At least that accomplishes the goal of helping someone else avoid this situation.

I shared your post with my wife because I wanted her thoughts and she said she knew of physicians that probably would have erred on this one too. Not all physicians are created equal and some are just in a rush to get to the next patient and aren't as keen.

This post was edited on 1/12/17 at 7:42 am
Posted by crimsonsaint
Member since Nov 2009
37900 posts
Posted on 1/12/17 at 7:52 am to
quote:

This was when a guy from my company sees me and says I look to him to be in congestive heart failure.


So some random joe blow takes one look at you and determines that you have congestive heart failure? Dudes a fricking genius.
Posted by crimsonsaint
Member since Nov 2009
37900 posts
Posted on 1/12/17 at 7:55 am to
quote:

This was no small mistake, they about killed me, a-hole.


Pretty sure your congestive heart failure is what about killed you. Did the three doctors cause that?
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