Should I sue for malpractice?

[ALawyer]

Doing an MRI on the wrong side is malpractice per se on someone's part -- whether the prescribing physician's for giving an incorrect order or the MRI facility's because of what may have been operator error. But unless serious consequences resulted from the error, any potential financial recovery would be minor -- it's not as if they removed the wrong arm, leg or eye, and in defense they'd likely try to argue in defense "you knew it was supposed to be done on the right side, why did you let him/her do the left side?" That kind of blame the victim approach is not uncommon.

The pain you are now experiencing after they did the procedure on the correct side is something else. Sometimes prost procedure pain is a natural and almost inevitable result of a procedure or the underlying condition (and if so, they should have told you about that before the procedure), and subsides after a few days. Severe and persistent pain more often is a result of doing the procedure in an improper manner, and results in long term or permanent harm or discomfort. (And I sure would have lost confidence after they did it on the wrong side the first time, so what you're feeling may be the result of malpractice. A few days out it is impossible to tell, but you should ask your doctor.)

If the pain does not subside quickly I would seek the advice of another physician who is independent of the group that did the procedure. And if that physician believes the paid likely means something was done wrong would I speak with a malpractice attorney.

 

[quincy]

Doing an MRI on the wrong side is malpractice per se on someone's part -- whether the prescribing physician's for giving an incorrect order or the MRI facility's because of what may have been operator error. But unless serious consequences resulted from the error, any potential financial recovery would be minor -- it's not as if they removed the wrong arm, leg or eye, and in defense they'd likely try to argue in defense "you knew it was supposed to be done on the right side, why did you let him/her do the left side?" That kind of blame the victim approach is not uncommon.

The pain you are now experiencing after they did the procedure on the correct side is something else. Sometimes prost procedure pain is a natural and almost inevitable result of a procedure or the underlying condition (and if so, they should have told you about that before the procedure), and subsides after a few days. Severe and persistent pain more often is a result of doing the procedure in an improper manner, and results in long term or permanent harm or discomfort. (And I sure would have lost confidence after they did it on the wrong side the first time, so what you're feeling may be the result of malpractice. A few days out it is impossible to tell, but you should ask your doctor.)

If the pain does not subside quickly I would seek the advice of another physician who is independent of the group that did the procedure. And if that physician believes the paid likely means something was done wrong would I speak with a malpractice attorney.

I agree that speaking with the doctor is the first step to take.

But I am not convinced, by what has been said at least, that there was an error or that a "right side" was known at the time of the first MRI, either by the doctor or by tomruns. tomruns said in his original post that the first MRI was scheduled "to try and find out" what was causing his pain.

A personal review of the medical records will be important in determining if the source of the pain previously had been narrowed down to a single hip side or if there was always going to be two MRIs scheduled on the hips.

Although I suppose the following is a "blame the victim" statement, tomruns would have been awake and would have known which joint was cleaned and which joint had the needle inserted. In addition, tomruns said the pain he had for 8 months subsided after the first MRI and cortisone shot.

That said, I definitely agree that more time should be given to recover from the second procedure. If the pain increases or persists, he should return to his doctor.

The doctor may see from the MRIs on both hips that surgery is not the only or the best option.

 

[Zigner]

But I am not convinced, by what has been said at least, that there was an error or that a "right side" was known at the time of the first MRI, either by the doctor or by tomruns. tomruns said in his original post that the first MRI was scheduled "to try and find out" what was causing his pain.

I see where you're coming from, but I don't think I agree with you. The OP stated that he was to have an MRI on his hip to find out where the pain was coming from. Since there are two hips on a person's body, and since the OP used the singular form of the word, it's pretty clear that the OP was having the pain in one hip.

Just my 2¢ on that matter

 

[quincy]

I see where you're coming from, but I don't think I agree with you. The OP stated that he was to have an MRI on his hip to find out where the pain was coming from. Since there are two hips on a person's body, and since the OP used the singular form of the word, it's pretty clear that the OP was having the pain in one hip.

Just my 2¢ on that matter

My comments were worth at least a dollar.

 

[Zigner]

My comments were worth at least a dollar.

Well then...it looks like somebody owes somebody 98¢ - and it's too close to my bedtime to try to figure out who owes whom

 

[cbg]

I'll take it - I could use some change for the tolls tomorrow.

 

[quincy]

I already submitted my bill to FA.