Should my dad consider a lawsuit for not getting the proper treatment for his wound? 6 Answers as of May 05, 2014In February of 2014, my dad slipped on ice and hit his leg on a gas grill tank that was frozen to the ground. He was taken to the emergency room. The doctor made sure nothing was broken and bandaged the wound. Within a few weeks, it got worse so he went back to the ER. A different doctor gave him pain medicine and 2 antibiotics. He started to seem better then he got worse so we took him to a different ER same branch different location. They admitted him and gave him IV antibiotics. He was released and seemed to be getting better once again. Then one day he had a bad fever and the wound was looking like it was going to bust so we took him back to the ER and he is finally starting to get better. After 3 months of dealing with this and being billed $1500 that is what his insurance didn't cover, he is finally starting to get better. The wound clinic made an incision allowing the stuff to drain, although we had told doctors the last 2 visits to the ER that he needed an incision.
Law Ofices of Edwin K. Niles | Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answer Applies to: California
James E. Hasser, Jr. P.C. | Jim Hasser
Whether or not malpractice occurred is a matter of medical expert opinion. Medical malpractice lawyers typically have such experts available. You might want to consider consulting one, but since his wounds healed, it is not likely that a lawyer would be willing to take on the case as the cost of pursuing the claim will likely exceed any recovery. You may also consider complaining to the medical board.
Answer Applies to: Alabama
Paul Whitfield and Associates P.A. | Paul L. Whitfield
No. infection can occur any time anywhere and you cant sue for neglect just because the infection could not be controlled. Sometimes people die of Infection. Sometimes infection runs rampant as here. you cant blame the doctors if they are trying and nothing good happens.
Answer Applies to: North Carolina
Smith Law | Sharon K Smith
Assessing a medical malpractice claim without review of the records is difficult. It will depend on your dad's medical history, the original treatment plan, discharge instructions, and initial assessment of the wound at the time of the injury.
Answer Applies to: Pennsylvania