S.Wilsford
Member
What is the name of your state? Texas
I would like to know what I can do to further pursue a medical malpractice suit that went to trial 2 years ago. The suit was against an Orthopedic Surgeon who I was a patient with for close to 8 years. In the 8 years he performed 3 shoulder surgeries and a knee surgery, I had numerous office visits. I was born with a defect of both shoulder joints, the best recommended treatment was exstensive physical therapy, he never offered PT, instead he performed a surgery known for complications and was in no way to be used for someone with my condition, which resulted in irreversible, irrepairable damage rendering me disabled. I hired an attorney, filed a malpractice suit for negligence. For 8 years and numerous office visits he produced 4 pages of office notes with no pre or post-operative diagnosis, no history, no mention of his findings during examination, they looked as if they were hand written and pieced together. They did however say when he came in to examine me on a post operative visit at his office I was not wearing my immoberlizer which he has said I should do...the immobilizer goes over clothing, I had to change into a shirt type dressing gown in order for him to examine me, in order to do so the immoberlizer had to be removed and it would not be logical to put it back on for him to have me take it off in order for him to examine me. The surgical reports from the hospital were blank were the pre and post operative diagnosis should have been. I had 4 Orthopedic Shoulder specialist testify on my behalf at trial, it was a 12 member jury trial. The jury came back 11 to 1 finding me negligent! I am in Bowie County which is a bad place for this type of suit since they seem to have their own rules. My lawyer dropped my case saying we could not appeal, leaving me without a way to do so since no one will take a medical malpractice suit on appeal. I would like to think there is something i can do, I did not receive a fair trial. I am 30 and because of this "so called" doctor I am disabled! He continues using this same surgery even though it is noted in the shoulder books as being for historical reasons or a last resort procedure only, the only catch..It usually takes 5 years before you have trouble with it...statue of limitations on medical is 2 sometimes 3! I continue to meet people who's lifes have been ruined at the hand of this man, some as young as 8 years old! I honestly believe he knowingly does surgeries that will show no negative signs until it is to late to do anything about it, I no for sure he still does a shoulder surgery that should not be used a friend was waiting with her husband in surgery waiting room for another orthopedic to repair damage done by this doctor, the day following my trial and called to tell me 4 people were waiting to go into surgery by him for shoulders and every one of them were having that type surgery done. Do you know how hard it is to sit by and watch knowing what the outcome would be? He had just been informed by 4 Orthopedics who are specialist in that field and way more qualified than him, just one day earlier, that this surgery was not the recommended one for my condition nor was it any longer used for the condition it was originally created for!!! I would also like to know the law pertaining to freedom of speech. Everyone says it is slander to voice my opinion of him, but isn't there some way to let people know what happened to me and let them decide if they want to use him? The newspaper would not publish anything against a doctor, even though the law says I have a right to voice my opinion to the public with the understanding that the opposite party has a right to a rebutal in order to defend my alligations. Help!! I will not be able to live with this, it is not right, and it is not fair to me or anyone else. I fractured my elbow 4 weeks ago, went to the ER and guess who the doctor on call was? I refused his service another Orthopedic was called in, and of course he was extremely hateful to me, had me sign numerous releases of responsibility because i sued the other doctor, and of course my elbow is doing horrible.
I would like to know what I can do to further pursue a medical malpractice suit that went to trial 2 years ago. The suit was against an Orthopedic Surgeon who I was a patient with for close to 8 years. In the 8 years he performed 3 shoulder surgeries and a knee surgery, I had numerous office visits. I was born with a defect of both shoulder joints, the best recommended treatment was exstensive physical therapy, he never offered PT, instead he performed a surgery known for complications and was in no way to be used for someone with my condition, which resulted in irreversible, irrepairable damage rendering me disabled. I hired an attorney, filed a malpractice suit for negligence. For 8 years and numerous office visits he produced 4 pages of office notes with no pre or post-operative diagnosis, no history, no mention of his findings during examination, they looked as if they were hand written and pieced together. They did however say when he came in to examine me on a post operative visit at his office I was not wearing my immoberlizer which he has said I should do...the immobilizer goes over clothing, I had to change into a shirt type dressing gown in order for him to examine me, in order to do so the immoberlizer had to be removed and it would not be logical to put it back on for him to have me take it off in order for him to examine me. The surgical reports from the hospital were blank were the pre and post operative diagnosis should have been. I had 4 Orthopedic Shoulder specialist testify on my behalf at trial, it was a 12 member jury trial. The jury came back 11 to 1 finding me negligent! I am in Bowie County which is a bad place for this type of suit since they seem to have their own rules. My lawyer dropped my case saying we could not appeal, leaving me without a way to do so since no one will take a medical malpractice suit on appeal. I would like to think there is something i can do, I did not receive a fair trial. I am 30 and because of this "so called" doctor I am disabled! He continues using this same surgery even though it is noted in the shoulder books as being for historical reasons or a last resort procedure only, the only catch..It usually takes 5 years before you have trouble with it...statue of limitations on medical is 2 sometimes 3! I continue to meet people who's lifes have been ruined at the hand of this man, some as young as 8 years old! I honestly believe he knowingly does surgeries that will show no negative signs until it is to late to do anything about it, I no for sure he still does a shoulder surgery that should not be used a friend was waiting with her husband in surgery waiting room for another orthopedic to repair damage done by this doctor, the day following my trial and called to tell me 4 people were waiting to go into surgery by him for shoulders and every one of them were having that type surgery done. Do you know how hard it is to sit by and watch knowing what the outcome would be? He had just been informed by 4 Orthopedics who are specialist in that field and way more qualified than him, just one day earlier, that this surgery was not the recommended one for my condition nor was it any longer used for the condition it was originally created for!!! I would also like to know the law pertaining to freedom of speech. Everyone says it is slander to voice my opinion of him, but isn't there some way to let people know what happened to me and let them decide if they want to use him? The newspaper would not publish anything against a doctor, even though the law says I have a right to voice my opinion to the public with the understanding that the opposite party has a right to a rebutal in order to defend my alligations. Help!! I will not be able to live with this, it is not right, and it is not fair to me or anyone else. I fractured my elbow 4 weeks ago, went to the ER and guess who the doctor on call was? I refused his service another Orthopedic was called in, and of course he was extremely hateful to me, had me sign numerous releases of responsibility because i sued the other doctor, and of course my elbow is doing horrible.