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Esteemed Contributor
Posts: 5,258
Registered: ‎03-10-2010

If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

I'd really appreciate knowing whether it was worth it.

I sustained nerve damage, which is not debilitating, but has caused my left foot to be numb. I'm due to have left foot surgery for a dropped metatarsal (bad) in February and my surgeon for this procedure said that due to the numbness, he will not be able to approach from the bottom of the foot, but rather the top of the foot. This is somewhat unsettling.

Am aware that medical mal is difficult to prove, but I've got that one down pat.

Any input you could provide would interest me greatly, as I'd like to hear encounters before I spend a great deal of money on an attorney. Thank you in advance.

Honored Contributor
Posts: 13,908
Registered: ‎03-10-2010

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

I used to be a legal secretary. The last time I said that I got creamed, but here goes. You can get a consultations for free. Most lawyers in this field work on contingency, meaning you don't pay them until a collection is made. Not all cases are successful, by any means. Their cut averages about one third, and that's after expenses. Be aware any surgery you have will cloud the original outcome. These cases often take years. Try to avoid those guys that advertise on TV. Get a consultation before your surgery, hopefully with a reputable firm that doesn't make wild promises. I don't live in your state so I don't have any idea of the legal atmosphere, so to speak. An ethical attorney will advise you how sound your case is, or how you would be wasting your time.

Esteemed Contributor
Posts: 5,258
Registered: ‎03-10-2010

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

On 12/8/2014 depglass said:

I used to be a legal secretary. The last time I said that I got creamed, but here goes. You can get a consultations for free. Most lawyers in this field work on contingency, meaning you don't pay them until a collection is made. Not all cases are successful, by any means. Their cut averages about one third, and that's after expenses. Be aware any surgery you have will cloud the original outcome. These cases often take years. Try to avoid those guys that advertise on TV. Get a consultation before your surgery, hopefully with a reputable firm that doesn't make wild promises. I don't live in your state so I don't have any idea of the legal atmosphere, so to speak. An ethical attorney will advise you how sound your case is, or how you would be wasting your time.


depglass,

Thank you for your kind response. I have no issue whatsoever with legal secretaries, past or present. I had a short job assignemnt in the 70s with a county Bar Association in CA and also was the rep for our clinic years later at hearings of the Workers' Compensation Appeals Board, so no worries.

I appreciate all of the information provided and agree that I should see someone prior to surgery scheduled for February. Will always stay away from what DH calls the "Smilin' Jack" types.

Super Contributor
Posts: 375
Registered: ‎03-17-2010

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

depglass gave you pretty sound advice. I also have experience in this area. If an attorney asks for $ in advance, run don't walk, AWAY. That would be totally unethical. That is not how a licensed medical malpractice attorney operates.

I worked many years for a medical malpractice attorney who was also a physician. Legislation passed in many states has made it hardly worthwhile to even file a malpractice case unless it is extremely egregious. An example might be a married father of five who lost his life due to a very, very blatant case of medical malpractice. The liability there would be extremely great. Do you understand what I am saying? I don't know what the malpractice litigation laws are in your state, but I am sure that an attorney there could fill you in very quickly. And not charge you for it. When an attorney takes on a malpractice case, it requires him/her to pay out a very large sum of money in discovery and payroll expenses before even decided whether to go forward with a case.

Good luck to you! And I am sorry for what you have gone through.

In Sunny AZ
Valued Contributor
Posts: 773
Registered: ‎06-25-2014

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

Just know it will take a long time, a lot of frustration, and you will have to keep tabs at all time on what exactly is happening. Bug your attorney often. It took my bf 5 years to get his settlement from his motorcycle accident and unfortunately he cannot sue his original surgeons as they are military doc's (even though they essentially crippled him and is now undergoing countless surgeries to undo their mistakes). Be lucky you have the option to do so!

Esteemed Contributor
Posts: 5,258
Registered: ‎03-10-2010

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

On 12/8/2014 4KICKS said:

depglass gave you pretty sound advice. I also have experience in this area. If an attorney asks for $ in advance, run don't walk, AWAY. That would be totally unethical. That is not how a licensed medical malpractice attorney operates.

I worked many years for a medical malpractice attorney who was also a physician. Legislation passed in many states has made it hardly worthwhile to even file a malpractice case unless it is extremely egregious. An example might be a married father of five who lost his life due to a very, very blatant case of medical malpractice. The liability there would be extremely great. Do you understand what I am saying? I don't know what the malpractice litigation laws are in your state, but I am sure that an attorney there could fill you in very quickly. And not charge you for it. When an attorney takes on a malpractice case, it requires him/her to pay out a very large sum of money in discovery and payroll expenses before even decided whether to go forward with a case.

Good luck to you! And I am sorry for what you have gone through.


4KICKS,

Thank you for your sage advice. It is much appreciated. Honestly, I don't think I'm going to get far with a numb foot and stabbing pain at the lateral margain. What irks me is that I've worked in the medical/healthcare field nearly my entire professional life and I'm absolutely ticked that this surgeon has never made this error in 20 years for performing total knees and it just had to happen to me. It's a pity party of sorts, yes.

I may just have a consult and leave it at that as confirmation of what you have indicated.

Thanks, again.

Trusted Contributor
Posts: 3,874
Registered: ‎03-09-2010

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

I don't know if you have grounds for a medical malpractice suit -- but it shouldn't cost you anything to talk to a qualified attorney and get his opinion and guidance. The initial consult should cost you nothing, and if he thinks you have a valid case, he may take it on a contingency basis, with the agreement that he'll represent you for a percentage of any award you receive. Do some research to find an excellent medical malpractice lawyer in your area, and give him a call to learn more.

Esteemed Contributor
Posts: 5,258
Registered: ‎03-10-2010

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

On 12/8/2014 CaitlinH said:

Just know it will take a long time, a lot of frustration, and you will have to keep tabs at all time on what exactly is happening. Bug your attorney often. It took my bf 5 years to get his settlement from his motorcycle accident and unfortunately he cannot sue his original surgeons as they are military doc's (even though they essentially crippled him and is now undergoing countless surgeries to undo their mistakes). Be lucky you have the option to do so!


CaitlinH,

Please know that I am truy sorry to hear of your boyfriend's horrible misfortune. Though I can't go into detail, just know that I used to work alongside those surgeons. There were many that were good-great-wonderful. However - It takes a special surgeon to handle TRAUMA as it should be. Not everyone is cut out to make the "of the moment decisions" in the OR that are called for. I hope your boyfriend is able to find success which results in better mobility and less pain for the remainder of his life.

Esteemed Contributor
Posts: 5,118
Registered: ‎04-12-2011

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

You have been given some excellent advice above. You definitely should talk to an attorney who can give you an opinion as to whether or not you have a good chance for recovery. In most instances, a consultation should be at no cost to you.

The only addition I would make is you may be billed as the case progresses for certain expenses (or they may defer the payment of expenses until recovery is made).

I don't know what practice is common in all areas as to the payment of expenses, but I just wanted to make that comment so that you would at least be aware and ask the attorney what he or she expects so that you know if you will be responsible for expenses as the case progresses or when recovery is made.

If you are asked to sign a contingency fee agreement when you have decided on a firm, be sure to read it carefully with regard to the payment of expenses.

Talk to more than one firm if you want. Do your research and get someone you feel comfortable with, who gives you confidence, and who has confidence in your case.

Best of luck if you decide to proceed.

Super Contributor
Posts: 391
Registered: ‎03-13-2010

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

I'm not sure but it appears that the damage is the result of a total knee replacement surgery. In most jurisdictions med mal is difficult to litigate. However, may I suggest that you ask an attorney about a products liability course of action. Total knees can be problematic because of the actual replacement knee - not necessarily physician error.

Products liability is usually easier to litigate and juries tend to find it easier to find in the plaintiff's favor. People tend to like their doctors and hesitate to affix blame to them for something they can easily rack up to bad luck. However, juries tend not to like companies who manufacture problem products.

I certainly think that you should speak to an attorney who has done both med mal AND products liability.