Is this a case of medical malpractice?

Question

I've been told by a few people now that I should sue the doctors that I recently saw for a minor shoulder surgery, but I've never done anything like this before.  Here's what happened:  I had a small tear that needed to be repaired in some cartilage in my shoulder from a fall I'd taken months before.  The surgery was on New Year's Eve, and I was the last patient of the day.  I think this may have contributed to the issues - I think the doctors may have been negligent because they were tired and just wanted to get out of there.  The surgery was minor, and although it was general anesthesia, I was only "out" for about 45 minutes.  However, the first thing I noticed when I woke up was not pain in my shoulder, but in my head.  I felt like it was going to split open.  I tried to reach my hand up (with my uninjured arm) to feel my head but couldn't move my arm. My husband told me that the anesthesiologist had numbed the wrong arm. They had told me ahead of time that they'd be injecting a nerve in my neck to completely numb the arm that was being operated on, so that the pain would be less for the first 24 hours - but they got the wrong one!  I was completely helpless for a full day after my surgery - I had no use of my good arm.  My husband had to feed me, help me go to the bathroom, everything.  When I finally got control of my good arm again, I felt my head and there was a lump on the back that was very tender.  I think they must have knocked my head on something while I was out!  I think I may have even had a slight concussion from it because I've had this headache that won't go away, I've been dizzy and sleepy, and I've been nauseous. I thought it might have been the percocet I was taking, so I stopped for a while and I still had those symptoms. The other thing that happened, may have been unavoidable, I don't know.  I guess I was a little congested and I wasn't breathing very well while I was under, so they put a tube down my throat.  I don't think they did it right though because I've been coughing up bloody mucus for days and my throat is killing me.  Anyways, that's what happened, and I'm kind of feeling like I should get some kind of retribution for the crappy recovery period I've had for this minor surgery - my shoulder has actually been the LEAST of my problems, and that just seems wrong to me.  Do you think this would be considered malpractice?  What do I need to do now?

Anonymous · Accepted Answer

Yes I think it is worth a shot, you can contact a local legal office and see who they recommend for this kind of suit. You should get another doctor like a GP to document your story and examine the lump on your head, and get him to take pictures of it. Bring a camera if he doesn't have on. Another option is to charge the doctor with assault for hitting you while you were under, and the police would be able to take a statement and pictures. Go get these bastards, they deserve it! Malpractice lawyers usually take part of the settlement, so you probably won't pay anything up front.

thomasc93 · Answer

as long as they didnt operate on the good arm, I wouldnt sue. As for the headache, chances are you got bumped on the head maybe with the overhead surgical light when they were adjusting it or when they were transferring you to the operating table. The worst thing you could have done is just stop taking the oxycodone (percocet). Oxycodone is highly addictive (It's a schedule 2 medication; right below cocaine on the list). To just stop taking it would be like to just stop smoking;you would get a terrible headache (and maybe more symptoms with cigarettes). So that gave you a drug induced headache and a physical headache. I would go to the doctor and ask for a new dosage of percocet (a 2.5/325 mg pill)(this contains 2.5 mg of oxycodone and 325 mg of tylenol). this is not as strong and should help relieve the physical and drug induced headache without risking dependence. and as for the bloody mucus, if they intubated you, it is common to have a sore throat and some blood in your coughed up mucus simply because tubes and laryngoscopes irritate the back of the throat and vocal cords naturally. so that is not malpractice. but for everything else, if it is minor, I wouldnt sue, but if it causes permanent and long term problems or if they screwed up your permanent quality of life, then you should sue.

amouse · Answer

I would ask the Dr. who preformed the surgery about the problems you have been having and see how he responds with compassion and concern or annoyance. People sometimes screw up no one is perfect give them a chance to give you some kind of resolution that doesn't require you slapping a malpractice lawsuit on a possibly good Dr.

Anonymous · Answer

First of all, sice you are not a doctor, you should confront the doctors that operated on you before you sue them for malpractice (lawyers are not cheap). 

Confront them about the wrong shoulder, the pain, the issues... if they come up with a reasonable exaplanation.. its up to you. If they are obviously just trying to wiggle out of the situation to avoid getting sued, sue them or settle with them out of court.

But yes, generally speaking, that would be malpractice.

hanagami · Answer

"scientific malpractice is negligence of a typical practitioner in the diagnosis, care, and scientific care of a affected person. In a scientific malpractice case, the plaintiff could coach here factors: (a million) The wellness practitioner owes the affected person an obligation of care and alter into required to fulfill or exceed a definite widely used of care to guard the affected person from injury. (2) the wellness practitioner breached this accountability or deviated from the appropriate widely used of care. (3) the affected person substitute into injured and the wear and tear proximately resulted from the wellness practitioner's breach of the widely used of care.

Is this a case of medical malpractice?

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