M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
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I haven't researched this yet, but i wanted to post it on here real quick anyway. DH got hurt at a company baseball game back in the summer. It was his shoulder/collar bone area. He couldn't move it for weeks..or not without a whole lot of pain. He went to the doctor (a new one that my SIL works for) and they had to xray it 3 times..the first 2 times they messed up on it and the last they couldnt' find a break anywhere.
That was in August I believe. He is still having trouble with his shoulder...it looks really weird...like there was a break and it wasn't set right. He has problems moving it also. He is going to see an orthopedic doctor in the next few weeks. If it was found that he did in fact break it in the summer, he is talking about suing the doctor. Would that be a malpractice suit? And if he was to win anything like that...how would that work out in regards to CS?
TIA!
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katiefedup
Carpal \'Tunnel
Reged: 10/26/05
Posts: 11669
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I am not sure if that is malpractice at all. It is very hard to win that type of case. Where is the neglect?...the x-ray tech or the doctor? Has the soreness cost him money? Did he get his three opinions way back when?
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tsl
Pooh-Bah
Reged: 06/24/04
Posts: 2274
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Yes, it would be medical malpractice.
Any monies received from the suit could go towards any arrears owed. Also, and I am not 100% certain, but either it would be counted as income OR only what he would earn off of it would be considered income (interest if he has it in accounts.).
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Duct tape can't fix stupid but it can keep them out of the way."
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katiefedup
Carpal \'Tunnel
Reged: 10/26/05
Posts: 11669
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in order to win a malpractice case there has to be damages. What are his damages?
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tsl
Pooh-Bah
Reged: 06/24/04
Posts: 2274
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If it was broken and not seen in the X-Rays...that's malpractice. Now, the X-Ray has to SHOW it is broken.
Granted, he may not get a whole lot out of it. And every doc would be listed that had to do with that time.
Let me say this too, they have to prove it was malpractice...meaning that it was broken but they overlooked it. I also want to say it seems it seems easier for some small incidence like this to win a malpractice suit but when you have a loved one die at the hands of the doctor and there were numerous errors from the hospital staff to the doctor...but they get off the hook b/c your loved one was "going to die anyways"... Sorry, personal experience...my loved one was my 5 month old baby...
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Duct tape can't fix stupid but it can keep them out of the way."
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
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Actually yes..he has had to call in alot because of the pain. He has been using his vacation time when he calls in, so tech. it hasn't cost him money yet. He is not able to do any of the heavy lifting that is required for his job title..he has had to get others to do it for him. He also has a history of back problems that the doctor was aware of. When he is out of vacation/personal time and sick...he will work when he shouldn't..possibly causing further problems...getting hurt or what have you at work.
I told DH that...even though I don't know anything about malpractice...is it really that? He said well..if what he thinks is true, then the doc misdiagnosed him which is malpractice. I have no idea tho..just going by what he said about that. I do know it causes him alot of pain to this day and it is the reason for all of his call ins since then..the most recent being the day after xmas. He was in so much pain that day that he couldn't get out of bed on his own. I had to help him sit up.
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
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Well there are no arrears..we are overpaid in CS.
TSL..I know what you mean. My dad died at the hands of a doctor, but my mom waited too long to sue (he was over medicated) and by the time she got his records, they had been "fixed".
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tsl
Pooh-Bah
Reged: 06/24/04
Posts: 2274
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Yeah, but...there is always one of those...
Do you have the X-Rays they took? I would get those for the Ortho doc. If there appears to be NO breaks or fractures in those X-Rays, then he wasn't misdiagnosed. Maybe he initally injured it but caused further damage by working or pushing himself...just showing all sides...
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Duct tape can't fix stupid but it can keep them out of the way."
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M5M5
Carpal \'Tunnel
Reged: 07/29/05
Posts: 11722
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Well after he got hurt, he was on..what do you call it? easy work...forgot the name they use for that. Basically all he did was sell guns...no heavy lifting at all for the first month.
No..we don't have the xrays but we will get them I guess.
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katiefedup
Carpal \'Tunnel
Reged: 10/26/05
Posts: 11669
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a misdiagnosis is not malpractice. Recently, my uncle died, he was 54. He went to the ER one night, they ran some test on him and told him to go home that they call him in the morning with the results of the blood work. He dies a few hours after returning home. That case had neglect...they failed to run the blood work in a timly manner. A break is pretty easy to see in an x-ray. Your husband might be found at fault (a jury sees things diffrent) because he did not follow up with another MD after the pain persisted and he continued to work at a job that requires lifting. Stranger things have happened.
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