Is my doctor at fault here?

[MastaCheefa]

Ok, so 46 days ago I went in for a simple back surgery. The doctor was to remove a piece of a herniated disk from my lower back. The surgery took 1 hour and I was out of the hospital the very next day.

About 9 days after that I noticed a clear fluid leaking from my back incision. Also, accompanied with a massive headache which is a clear sign of a spinal fluid leak. I call the doctor, tell him the problem and he just tells me to take 2 lortabs at a time instead of the prescribed 1. My mother calls the emergency room and they telll me to immediately come in.

I go to the hospital, leaking spinal fluid, and wait 20 hours before a doctor will see me. This doctor is a different one than the one that did my operation and is a complete prick. He wont give any advice to me on what I should do about my leak. He gives me 3 choices and says pick 1. I eventually pick the least evasive procedure and he sews my back incision up really tight. Im not sure how this is suppose to fix the torn dura(layer of tissue that holds fluid around the brain and spine) inside my spine but I go with it.

So I go home after a few days and the thing begins to leak again. So I go back to the ER and this time my surgeon is there and puts a spinal tap in my back to help the dura close up. This stays in for a few weeks while my back continues to leak fluid.

We call in a 2nd opinion and he is completely shocked that I am not in surgery yet. So he talks to my surgeon and knocks a little sense into him. The spinal tap is not gonna work this kid needs surgery to fix this....

Well, my surgeon decides my case is not urgent enough and delays it a week. In the mean time I continue to leak spinal fluid from an open wound and catch meningitis.

The doctor eventually does the surgery and everything seems to have went well. Though I must say the 2nd surgery hurt 10x more than the first. So they put me on very strong pain killers, fentanyl and dilauidid.

The pain killers unknown to me or the doctors shut my bowels down and I become fully impacted and a day away from my intestines exploding open. Which is usually fatal. Luckyly for me another doctor in the hospital does an x-ray of my chest and discovers this. Tons of laxitives are given and I am OK. About 10 days later I finally get to go home, which is today.

Now, me or my family are not sue-happy people. But I went in for a 2,000 dollar surgery and now owe nearly 100,000 dollars. I have no way of paying this and my only option besides a lawsuit is to file bankruptcy.

And the thing is the doctor knews he fucked up the first operation and didnt tell me. I should have layed in bed for an extra 3 days or so and let the dura heal. But no I was told to walk around as much as possible to keep my muscles healthy.

What do I do here? :confused2:

[RecycleBin]

Medical Malpractice.
That's the only thing you might be able to sue him for.

[MetKiller Joe]

You sue for damages as its pretty clear he screwed up.

[Maniac]

And you should.
Gather up any expenses that your family has incurred, everything from gas, bus expenses, meals, nanny/babysitter and anything else.
Ask for all of your medical records from any hospital or doctor you have visited.
Sue the shit out of your fuckhead doctor (dont expect any help from any other doctors).

[mech]

Sue the bastard, I'm all for suing if some "professional" could possibly kill/injure you.

[Jelly]

And the thing is the doctor knews he fucked up the first operation and didnt tell me. I should have layed in bed for an extra 3 days or so and let the dura heal. But no I was told to walk around as much as possible to keep my muscles healthy.

Who told you this? If it was the doctor, yeah, a malpractise lawsuit would be appropriate.

If that was a relative's or freind's advice, that will be a massive hole in your argument.

[Amit]

He may not have meant for the accident to happen (but still bears the blame) and should not be beaten down for it. However, when he tries to dumb down the severity of a situation it becomes the endangering of the life of a patient, especially in your case of what came after the drugs.

[MastaCheefa]

Who told you this? If it was the doctor, yeah, a malpractise lawsuit would be appropriate.

If that was a relative's or freind's advice, that will be a massive hole in your argument.

Yes, the doctor told me this about a week and a half after the first surgery. He said he 'knicked' the dura causing a pinhole tear. If it was just a pinhole though it should of healed on its own. When you put a spinal tap in someone it causes a pinhole tear in the dura. They do this all the time before a women gives birth. I think the fucker sliced the hell out of it. Because the doctors and nurses couldnt get the dura to heal for nothing without surgery.

I mean all this is almost definitely an accident but the way he handled it afterwards is where I see a problem. There were 2 instances where my life could of been lost. Not to mention over a month of pain and suffering.

[BobtheGreatII]

Yeah... I would sue. That's madness, for something that's not your fault, you shouldn't owe anything, or at least the original price of the surgery.

[Maniac]

Seriously get all your medical records before they are "accidentally lost".

[DEElekgolo]

Sue.

[SnaFuBAR]

Sue, and quickly.

[MastaCheefa]

Seriously get all your medical records before they are "accidentally lost".

I filled out the form to have them mailed to me before I left the hospital today. Hopefully they are not "lost." I wouldnt put it past some of these prick doctors thought.

[Rob Oplawar]

Accidents happen, and I wouldn't call any of the doctors involved "bad people," per se, and I wouldn't necessarily say they deserve punishment, BUT
Accident or no it was clearly his fault, and that's why doctors and hospitals have insurance too. He should be paying for his mistake, not you, and if that means a lawsuit then so be it.

[sdavis117]

Doctors don't care. They usually have malpractice insurance to cover cases like this. Your doctor won't see a penny come out of his pocket probably.

But yeah, sue. Maybe then the hospital itself will take some form of action against the doctor.

[Mr Buckshot]

Sue him. This doctor is a lazy idiot and needs to lose his license. I know many doctors slip up a bit at one point or another (especially surgeons, their work requires ultimate precision and no one is perfect), but a case like this just goes beyond the line.

[Sel]

Doctors under Canadian law are pretty fucking hard to sue, I don't know shit all about the US legal system though (other than that it's worse), so I'm not going to advise action either way.

Really glad you came out of it alright though

[Mr Buckshot]

Doctors under Canadian law are pretty fucking hard to sue, I don't know shit all about the US legal system though (other than that it's worse), so I'm not going to advise action either way.

Really glad you came out of it alright though

down there tons of people love jumping on the "omg sue" bandwagon.

Btw, India's promoting a medical tourism industry and it's quite trustworthy and affordable. I've heard a few cases of Americans going to India to get certain operations done at a much lower price, and they get a vacation too.

[Maniac]

Doctors under Canadian law are pretty fucking hard to sue, I don't know shit all about the US legal system though (other than that it's worse), so I'm not going to advise action either way.

Really glad you came out of it alright though

I think this is somewhat universal.

[sdavis117]

I think this is somewhat universal.

America is a pretty lawsuit friendly country. Chances are that if you sue for Malpractice, you would win the case.

Make sure that you consult a lawyer first though.

[=sw=warlord]

I think this is somewhat universal.
Not quite, my family had a chance to sue for a doctors fuck up with me a few years back but we decided not to and instead settled on the doctors early discharge from service and that the surgery who i had been registered with set up new protocols on diagnosing sleep apnoia.
Suffice to say, one doctor retired and another pretty much got sacked.

[Terry]

Honestly, sue him. You need the money and it's their fault that you owe that much now. Infact, I'd go so far as to say that you don't owe them a damn cent.

[Masterz1337]

This is a legit case to sue. Also, sell your story to Fox so they can use it on House next year.

[Jelly]

Another thing to remember: suing somebody isn't free, either in terms of risk or money. Do your family have the time and energy to go through with it? Would it be easier, long- and short-term, to file for bankruptcy?

You do have a case for suing this guy/the hospital, but that is no guarantee. It is entirely possible for you to lose the lawsuit and end up back where you started, only in more debt. You mentioned that you got a second opinion, would that doctor be willing to give evidence of malpractice in such a lawsuit? Don't base the decision to sue on "this guy did something wrong," look at the bigger picture as well.

[BobtheGreatII]

This is a legit case to sue. Also, sell your story to Fox so they can use it on House next year.

:lol:

[paladin]

If your story is legit, then yes, you could sue for medical malpractice. I was in the hospital for 6 days, 4 of which were in the ICU, 2 with an intubation tube, and my medical bill was $92,466.78. THANK GOD for insurance. Mine covered all but $1500. In your case, I cant imagine what your family is going through.

[StankBacon]

holy shit cheefa, that's rough.

i hope you can get it sorted.

[n00b1n8R]

As much as I despise the "sue for anything" culture the US has gotten a reputation for, this is definitely a legitimate case.

Sue the fucker for malpractice and damages.

[rossmum]

Good to hear you're on the mend, if nothing else. I'm not one to promote litigation (as nine times out of ten people are just greedy, lazy cunts who want money for nothing, no matter what it does to the other party); however in this case you're well within your rights to sue and I seriously recommend you do.

[hobojoe]

Ok. Being a medical person myself. What this guy did was wrong.
Leaking CSF? Definitely a big problem explicitly if you had gotten into an
accident or something. Your spinal fluid (CSF.) occupies 10% of the isolation between your brain and your skull. So any traumatic incident would have caused a bigger problem.

And since your out a lot of money and your gonna go into bankruptcy for sure.
I would say Sue. He should have done it right the first time. Not saying he is always
a bad surgeon, but you out and shouldn't have to pay for his mistake.

[MastaCheefa]

Thank you everyone for your input. The general consensus seems to be take action against the doctor/hospital. I was leaning toward this anyways but didnt want to let my emotions get in the way of my decision. I actually left out a ton of other bullshit mistakes that were made but didnt want to right a book for a thread. Like the nurse who was falsifying the measurement of how much spinal fluid was coming through the lumbar drain.

Hobojoe, you seem to know exactly what happened. Its insane my neurosurgeon, who has been working for 20 years or so, didnt pick up on the csf leak when I first called him with a splitting headache and clear fluid leaking out my back. Especially since he knew damn well and admitted to accidently cutting the dura.

Im sure this guy is a very competent surgeon but accidents happen and when they do it should fall on you to fix the mistake. Which he did medically though I now owe more money than I make in 3 years of salary...

[Bodzilla]

Sue him. This doctor is a lazy idiot and needs to lose his license. I know many doctors slip up a bit at one point or another (especially surgeons, their work requires ultimate precision and no one is perfect), but a case like this just goes beyond the line.

ahh there we go, was wondering when you'd show up.
the classic nuke it from orbit approach.
worked so well in the past too.

I'd sue if i was you after you gain your records but sue for damages. Some how i dont think your in this to go after this fella and take everything he has as well as bury him unlike fucking buckshot.

"i've been wronged, therefore they must not be allowed to live, work or practice, loss of job and income, life imprisonment or death are the only feasible options."

[n00b1n8R]

"buckshot said something which I can sort of read into as him saying "EXTREME ACTION FOR MINOR INFRACTION" so I'm going to bitch about it"

[Rosco]

Thank you everyone for your input. The general consensus seems to be take action against the doctor/hospital. I was leaning toward this anyways

heh :haw:


glad to see you came out fine after some terrible treatment cheef =)
also those painkillers you talked about, those the ones that made you high?

[rossmum]

"buckshot said something which I can sort of read into as him saying "EXTREME ACTION FOR MINOR INFRACTION" so I'm going to bitch about it"
"buckshot posted"
"sometimes i hate the internet"

But yeah, on the topic of what precisely you sue him for, I'd just go for enough to cover the costs incurred and then maybe a few hundred on top of that for the fact you were put at such serious risk. Suing for millions would be completely over the top, completely unjustified, and completely greedy. Unfortunately, this seems to be the usual course of action when anyone litigates these days...

[LinkandKvel]

"buckshot posted"
"sometimes i hate the internet"

But yeah, on the topic of what precisely you sue him for, I'd just go for enough to cover the costs incurred and then maybe a few hundred on top of that for the fact you were put at such serious risk. Suing for millions would be completely over the top, completely unjustified, and completely greedy. Unfortunately, this seems to be the usual course of action when anyone litigates these days...
I say about a couple thousand more. Life threatening injuries and the additional physical pain endured.

[Atty]

Sue or threaten to sue. Either way you'll get something out of it.

BUT

Be prepared to accept that you'll never get decent doctor service again from your area or from any doctor that finds out you sued for malpractice. You'll be blackballed.

[rossmum]

I say about a couple thousand more. Life threatening injuries and the additional physical pain endured.
Money doesn't make pain disappear, especially in retrospect.

[Sel]

Sue the hospital, not the individual, you'll get more.

[Cojafoji]

I'm usually not one for telling people to sue doctors, but you need to sue that incompetent son of a bitch for negligence. Seriously. Get yourself a lawyer dude.

Oh, and Atty, that only happens if it's unjust. If some dude cuts out your left nut when you went in for a appendectomy, and was drunk, then yeah, you're in the clear.

[Heathen]

you dont seem like the type to sue for money other than for the bills. I think you could win that.

[Rosco]

Money doesn't make pain disappear, especially in retrospect.

Help pay for the difficulty though, either cheefa goes bankrupt or he sues :|

[Heathen]

Money doesn't make pain disappear, especially in retrospect.

Your wrong.

Being in pain.
Being in pain with a 100,000 dollar bill.

Which one hurts more?

[anonymous1337]

the one with the big bill :C

[Bodzilla]

Money doesn't make pain disappear, especially in retrospect.
^

[Bodzilla]

Your wrong.

Being in pain.
Being in pain with a 100,000 dollar bill.

Which one hurts more?

people should never ever sue with the intention of MAKING MONEY.
when people started doing that is when all this pointless fucking suing fucking started.

C'mon people.

[Mr Buckshot]

Your wrong.

Being in pain.
Being in pain with a 100,000 dollar bill.

Which one hurts more?

agreed. It's not like he's trying to become a multimillionaire out of suing, he just wants to be spared of the hardship of a six-figure debt. Reminds me of how stupid it was, some idiots trying to sue MS for millions because XBL went down during winter break.

[TVTyrant]

I think you should sue him. But make sure you don't seem pissed off. Make it look like your doing it because you have to. That's how you convince a jury.

Did you get your documents yet though?

[n00b1n8R]

Money doesn't make pain disappear, especially in retrospect.
As long as you're not being extravagant, I don't see the harm in getting a little extra. They fucked you over and deserve some punishment, not just a slap on the wrist. Get something nice out of it (buy me a 360).

[FRain]

My dad was never a person on a good diet, but never overweight.

About 10 years before he died, he realized that he had some type of bladder dysfunction (not erectile dysfunction you sick fucks), and he occasionally (once every few months) would urinate blood.

In 2001/2002 his case got worse, and he was consistently urinating blood. He of course went to the doctor. He was diagnosed with bladder cancer. He went in a few months later to get another x-ray to check on how he's doing and the doctors made him swallow some type of fucking IODINE (they didn't tell us until after he passed) and it just went fucking downhill from there,

Ever since that day in the hospital, he didn't come back and he died in the hospital 2 months later. Two nights before my brother's birthday he fell out of his bed and the doctors described him as "confused" and my mom and brother went in to check up on him the following evening. He didn't even remember who my mom or my brother was, and didn't know who he was or what he was doing there.

He died at 11:55 PM, 5 minutes before my brothers birthday.

That's one shitty birthday present.

Kinda related to your case.

[n00b1n8R]

Isotopes of iodine are commonly used as radioactive tracers for nuclear imaging so you know. I'd like to think that there was just some underlying problem the doctors didn't notice..

[SnaFuBAR]

The iodine was probably slightly irradiated to make the tumor in his bladder show up better under x-ray, and is rather routine. I would imagine that the mistake would be they gave him a measurement in milligrams rather than micrograms or something of that sort.

[Bodzilla]

thats assuming the iodine was actually the cause of his death....

[n00b1n8R]

The iodine was probably slightly irradiated to make the tumor in his bladder show up better under x-ray, and is rather routine. I would imagine that the mistake would be they gave him a measurement in milligrams rather than micrograms or something of that sort.
p sure they use miligrams, not micrograms bro (and they don't use an x-ray machine either).

1 week of work experience = i'm an expert :colbert:

[rossmum]

Iodine is indeed a pretty common tracer... my grandfather had a pretty nasty reaction to it, too. Some do, some don't. Not a lot you can do unless they know and then let you know.