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Malpractice case?

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CancerSurvivor

Junior Member
What is the name of your state? Kansas


I underwent surgery to replace my humerus bone (elbow to shoulder) with a titanium rod. I have bone cancer and the Dr. said this would be the best bet to "contain the cancer and remove it totally". He has told me that I would have limited movement raising my arm but that would be the extent of loss of function.
During the surgery the the Dr. mistakenly severed a bloodvessel and nerve during the operation. While in recovery my arm and hand massively swole up and had my hand felt like it was on fire. Dr. couldn't figure out why my hand and arm up to my elbow were swelling so much, since the surgery was above the elbow. After the three days he said he was going to run a test and if it was inconclusive he was going to amputate. The test revealed the severed bloodvessel. Essentially my arm and hand was starving for blood for three days. They called in a vascular specialist in and they grafted an artery from my thigh to bypass the damaged bloodvessel.

The swelling of my hand stayed for weeks. After the swelling went down I had no use of it at all. I can't move any of my fingers or thumb. I went to a hand specialist and he said that the swelling "choked out" the nerve that ran down the inside of my arm to my hand, and would never regain the use of my hand. TheDr. never made any attempt at controlling the swelling either. No ice,cold packs, opening up the hand to relieve pressure(I am not kidding my hand was HUGE!)
Since all this my hand is pretty much shriveled up into a ball where the muscled have contracted. I constantly have "phantom pains" from the nerve damage. I have to take pills that deaden the nerve sensation, and pain meds.

Do any of you more knowledgible persons familiar with malpractice think I have something here? The Dr. that did this said "it can take two years before we really know". I have been told that the statute of limitations is two years to sue for malpractice. Do you think he is telling me to wait 2 years so I cant sue?


Thanks in advance,

CancerSurvivor
 


matti422

Member
You should contact an attorney who can tell you more about your legal options and how the statute of limitations works in your case.
 

ellencee

Senior Member
CancerSurvivor
10 months ago I advised you to consult with a medmal attorney as I believed, based on your post, that you had justified reason to seek a medmal claim against the surgeon and the RNs and any other medical persons who provided care to you during the day of surgery and the next three days.

If the statute of limitations is two years, you have wasted the entire length of time in which to file a suit except for 2 months.

Get thee to an attorney NOW or prepare to be forever barred from filing a medmal claim in this matter.

I can not do this for you or I would. I believe in your claim that strongly.

EC
 

rmet4nzkx

Senior Member
ellencee said:
CancerSurvivor
10 months ago I advised you to consult with a medmal attorney as I believed, based on your post, that you had justified reason to seek a medmal claim against the surgeon and the RNs and any other medical persons who provided care to you during the day of surgery and the next three days.

If the statute of limitations is two years, you have wasted the entire length of time in which to file a suit except for 2 months.

Get thee to an attorney NOW or prepare to be forever barred from filing a medmal claim in this matter.

I can not do this for you or I would. I believe in your claim that strongly.

EC
I believe OP didn't consider a lawsuit sooner because they were also considering filing for BK and was awaiting SSDI. OP needs to see an attorney right away.
 

CancerSurvivor

Junior Member
yes at the time I was waiting for SSDI among other things. Finally after a year I have started to get my Disability from the Gov't. :mad: I was also holding out for a miracle hoping the Dr. was correct in the matter of my hand coming back around through therapy. Realization has set in that this is the way that I will be.
Another reason I had not got an attorney was the fact that I had written a few of them about my case and I got zero replies back.
I am setting up an appointment to day for a face to face meeting.

Thanks for the help. :)
 
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rmet4nzkx

Senior Member
CancerSurvivor said:
yes at the time I was waiting for SSDI among other things. Finally after a year I have started to get my Disability from the Gov't. :mad: I was also holding out for a miracle hoping the Dr. was correct in the matter of my hand coming back around through therapy. Realization has set in that this is the way that I will be.
Another reason I had not got an attorney was the fact that I had written a few of them about my case and I got zero replies back.
I am setting up an appointment to day for a face to face meeting.

Thanks for the help. :)
You are welcome.
 

CancerSurvivor

Junior Member
update: While searching for an attorney, I noticed that the Law firm that represented me in my disability case also does Malpractice cases. They said they would go over my file and see if I have a valid case.
 

You Are Guilty

Senior Member
CancerSurvivor said:
update: While searching for an attorney, I noticed that the Law firm that represented me in my disability case also does Malpractice cases. They said they would go over my file and see if I have a valid case.
You may want to speak to a lawyer/firm that specializes in med mal cases. You do not want someone who primarily does, say, worker's comp. cases, litigating a med mal claim. They are not the same as most other types of lawsuits so choose your attorney wisely.


Incidentally, if the facts are as you've presented them, you probably have a strong case. And I say that as a former med mal defense attorney, so you know I'm jaded. I'm shocked you've waited so long to speak to someone in person.
 

rmet4nzkx

Senior Member
You Are Guilty said:
You may want to speak to a lawyer/firm that specializes in med mal cases. You do not want someone who primarily does, say, worker's comp. cases, litigating a med mal claim. They are not the same as most other types of lawsuits so choose your attorney wisely.


Incidentally, if the facts are as you've presented them, you probably have a strong case. And I say that as a former med mal defense attorney, so you know I'm jaded. I'm shocked you've waited so long to speak to someone in person.
OP was considering bankrupcy.
 

CancerSurvivor

Junior Member
You are guilty- Thanks for the positive boost.
I had several issues why I had not already done this.

1: was considering filing bankrupcy
2: I was still fighting for Social Security Disability (I have finally gotten it)
3: I was praying for a miracle that I would regain use of my hand.
4: I have mixed feelings about doing it since the Dr. did save my life by getting the cancer out...I guess I have a wierd loyalty feeling or something
5: family has told me that I should just be thankfull I am alive and not get tore up emotionally by reliving everything.
 

You Are Guilty

Senior Member
Understandable reasons, and I've heard them all before. However, if you don't do anything, what might this doctor do to the next person he treats with the same problems? (What if that person is just a kid?) Sometimes, looking at the "greater good" will give you enough strength to see it through. Good luck to you no matter which route you choose.
 

CancerSurvivor

Junior Member
Just an update-

Today I finally was able to have a sitdown with my Lawyer. He had another Lawyer present to hear the details and what he thought. After going through medical records and consulting with a "medical expert" they did say that this is a very strong case for liability and damages.

Thanks for all the info and answers. Looks like its a go from here. Wish me luck.
 

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