medical malpractice against MD - page 2

Please give me your input......... was the medical board to soft on the doctor. I believe they were Will try to give you the readers digest version (short). I had seen this doctor about 3 years... Read More

  1. by   hoolahan
    RN2B2005, interesting info. I do very strongly disagree that it is the pt responsibility to f/u on pre-admit testing, which is basically what this was. She was going to the doctor , I assume since she did not answer what the first surgery was for, a different kind of surgery (we can presume I guess that this doctor was not a CT Surgeon.) Everyone is made to feel like the pre-admission testing is "just routine", and if the sugrery did not involve her lungs or chest, why would she have ANY reason to suspect there was a problem??

    He ordered routine Pre-admit testing if over a certain age inc CXR.
    He should not do surgery if he does not even read the results of these reports. He is figuring that when anesthesia does their pre-op review, they will pick up on the problem. It is lazy and inexcusable.

    My husband had a laminectomy in 97, inc'd a CXR pre-op. In 99, he had another lami, at which point we were surprised that the anesthesiologist asked my hubby how long he had had emphysema?? What?? He said, well it does show you have early lung disease, but it is essentially unchanged from the CXR in 97. Suprise! No one said a thing about the CXR in 97!! If he stopped smoking two years earlier would this have changed his life?? Probably not, but if he had been informed, he may have quit smoking.

    The bottom line in any law suit is was there negligence and was the harm done? Yes it is clear he was negligent, but whether the outcome would have been diff if your lesion was ID'd, treated, etc at the time of the first x-ray is not clear from what you have told us here.

    I say pursuing a civil suit may be your best course of action. He should admit he was wrong and owes you an apology at the very least!!!
  2. by   mattsmom81
    Doctors manage to worm out of so many liability situations like yours. It makes me sick.

    I have a girlfriend whose breast mass was mammogrammed and ultrasounded for years...she was reassured it was benign. Then she 'felt' the lump was different somehow...and demanded a biopsy. It was cancer and she had to go through the whole chemo/lumpectomy thing. She was told my an attorney she had no case. I was floored. She only had the biopsy because SHE insisted!!!! The delay may have allowed mets and is still to be seen whether this happened or not.

    Hope you got a somewhat decent settlement out of this at the very least...and hope you are now cured after your lobectomy. Best wishes for good health!
  3. by   niteshiftnurse
    i was told my survival rate was 81%. i was also told if it came back, it would go to bone, brain, lung, liver and adrenal gland. it has ben 3 years and so good.
    If you have settled the suit then basically you decided to end further investigations... However.... Did you file a complaint against the Dr himself with the Medical Board Association? If you have not do so, and now. But you may want to speak with with your lawyer prior to doing it because it may depend on what you signed on the settlement. There is a chain to the paperwork, it will just take some serious digging to locate it... and they will by no means make it available for you. If there was an order and it was completed there is a charge.... locate that charge and work back, if its even still there, the hospitals have a mysterious way of having things disappear... I know I found it amazing on what the gremlins at the hospital ate when I went through my lawsuit against a Dr. The Medical board will be lax on the Dr's , especially when it comes to the "Good Ole Boys" and when they need a helping hand with each other. Its a shame... but it happens all the time. Your best bet is to just see if you can file a complaint with the Board of Medicine, so there will be a paper trail with the God forbid "next case", which wont assist you in anyway but will help the next poor soul sitting in the shoes you once wore.
    I do hope that you have a fullfilling life and you are able to walk away from this and enjoy your life.
  5. by   niteshiftnurse
    Do I have to go thru my atty????, or can i just call the medical board myself.
  6. by   sunnygirl272
    Originally posted by angiebruno
    Sunnygirl 272

    I had a right upper lobectomy done after i found out
    no, my question was what surgery did you have initially that led to the initial CXR....
  7. by   niteshiftnurse
    surgery on my arm
    Check with your lawyer first because it depends on the contract you signed that prohibits other actions to be taken . If there is nothing in the contract that states NO you can not contact the Medical Board,the press, IE: other institutions that will leave a paper trail . Then you can. If there is a clause then you basically have chosen to accept the conditions of the signed contract, unless you wish to return the settlement and start from scratch again and also give him a doorway to sue you as well. SO check with your lawyer if its is stated anywhere in the clauses of the settlement.
  9. by   moonrose2u
    1) file a written complaint with your state's medical board (send it certified and return receipt

    2) write either "Dateline" or "20/20" or "60 minutes II" and tell them you just want other people to avoid the same mistakes happening to them....boy, oh boy, if one of these media mags gets ahold of your story..its over for the doc..