MALPRACTICER SUING PATIENT

[johnybay]

Dear sirs; My son Jacob received a 100% displaced humeral neck fracture, left shoulder. (radically broken arm, about 2" below shoulder socket) during a high school wrestling tournament back in 12/96 . He was taken to the hospital ER. where the doctor repaired his break with steel pins and a sling, not a cast. Immediately after surgery, the doctor came out and told my wife and I that everything went well and my son could come home that evening . About 2 min. after that, the anesthesiologist came out and said that Jacob*came out of anaesthesia hard*and that he bit down on the oxygen tube going down his throat ,cuting his oxygen off. He said that this caused Jacob to bruise his lungs and that they would have to keep Jacob in the hospital overnight for observation. Then the doctor came back and said Jacob had also bent one of the steel pins in his arm when he tried to pull the tube out. ( I know that we all make mistakes but shouldn't they have restrained Jacob until he was fully awake? ) When I asked the doctor why he didn't put some type of block in his mouth, he said Jacob would have *crushed his teeth? When I asked why Jacob wasn't immobolised, he said nothing. I paid what I thought I owed if everything would have gone right. Now the hospital is suing me for the rest. What are my options? I did not have insurance at the time.
Sincerely; John Fulton <jonbugg@yahoo.com>

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Wow, the nerve of some health practitioners. Okay, you need to countersue for medical malpractice. Money may be an issue with hiring an attorney but two things:

many offer free consultations and offer contingencies, as well.

Find a medical malpractice attorney in your state by either trying http://www.attorneypages.com or your state bar.

I think a reasonable doctor would have found a way to restrain him/sedate so the things that DID happen to him would NOT have happened -- i..e probably common in this business with those types of operations.

 

[johnybay]

Thank you for response! Let me assure you that ANY advice given is taken only as that, advice! I really didn't want to sue anyone. I don't believe in punishing someone for their mistakes and I not "money-hungry". Isn't suing someone very time consuming? But if that is the only way, then..... Is the elapsed time a factor, is that a state to state thing? Do I sue the doctor whom I have already paid? The hospital is the one suing me. Thanks! John from Missouri