Medical Malpractice never informed

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ges6867

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My last exam was in 2011 in California I live in TX now ,well found out I have fibroids and a big surgery because of them ,my question is do I have a law suit ,should of been told about these years ago and I would of had a lot more options than I do now
 
And what is your evidence first, that you had these fibroids three years ago and that your doctor knew of them?
 
Yes my doctor here in TX wonder the same as I did ,,,,,,,,,,,,,,why I was never told about them ,so my point is if the doctor did her job correct she would of know about them and if she didn't know then she didn't do her job again she was not doing her job in which case being I did my job and went every year for my exam in California and come here and find out I have a fibroid that is 13 1 ,and probably 6 or seven more ?umm not a lot of options with that size of a fibroid.
 
Let me ask the question again.

Where is your medical evidence that these fibroids existed three years ago?
 
How do you and/or your current doctor know you had these fibroids when you had an exam in 2011? Thanks.
 
And..... what size were the fibroids in 2011 if they were present? They can grow rapidly and shrink rapidly. 3 out of 4 woman have them. It would be more surprising if you did not have them statistically.
 
disagreeable said:
And..... what size were the fibroids in 2011 if they were present? They can grow rapidly and shrink rapidly. 3 out of 4 woman have them. It would be more surprising if you did not have them statistically.
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I guess there is no proof I had them in 2011 ,but my doctor here believes I did and my point being in every exam in California you think the doctor might of seen or figured out I had them if they knew what they were doing ,right that's there job ,,,,,,,,,,,,,,,because the doctor here knew I had them right away.If I get all my records from California and just one of the exams mention I have fibroids would I have a case then?
 
Do you have any clue how expensive a med-mal case is? It's going to cost you a couple of grand just to get a medical expert to look at your records and see whether or not you have a case to bring. You got that kind of money to throw around on a long shot?

Until or unless you have some verifiable proof, not just that there were fibroids, but that they were the size they are now AND the doctor at the time deviated from the acceptable standard of care in not addressing them at the time AND that as a result of that failure you have suffered actual damages, no, you would not have a case.
 
cbg said:
Do you have any clue how expensive a med-mal case is? It's going to cost you a couple of grand just to get a medical expert to look at your records and see whether or not you have a case to bring. You got that kind of money to throw around on a long shot?

Until or unless you have some verifiable proof, not just that there were fibroids, but that they were the size they are now AND the doctor at the time deviated from the acceptable standard of care in not addressing them at the time AND that as a result of that failure you have suffered actual damages, no, you would not have a case.
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Thanks for your advice ,Im going to start with my records from California and go from there ,The money part does not bother me ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
 
ges6867 said:
Thanks for your advice ,Im going to start with my records from California and go from there ,The money part does not bother me ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
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Yeah, you want what's right.
You want justice.
You want to make the careless physician pay.

I've practiced law for four decades.
Justice is like Bigfoot or Elvis sightings.
People say they saw Bigfoot here, Elvis there (lately seen with Michael Jackson and occasionally the Big Bopper, too), but there's never any proof.

You have the right to seek redress for transgressions and slights you perceived to have been done against your interests.
That means you can sue anyone, for anything, and anywhere.
If you are successful, and I wish you well, the physician if tried and found wanting; won't pay you a dime.
If you get paid, it'll be by his insurance carrier.

Now, why do I say this.
One of our sons was hit my an uninsured motorist, driving while drunk, and in this country as an illegal alien.
Our son was broken, battered, bruised, and almost died.
He was in the hospital for four months, enduring many surgeries.
He was recovering, until that day, and he met up with that anesthesiologist.
He was scheduled to have the third surgery on his broken pelvis.

His surgeon had a death in the family.
James trusted and liked his orthopedic surgeon, but the surgeon ordered his team to stand down while he was away.
James was offered to have the surgery and to continue his recovery, because he had at least seven more surgeries scheduled.

I need to digress to let you know a bit about James.
He played football in college.
He was beast of kid, and a bear of man.
He stood 6'5", weighed in at 325 pounds, all muscle.
The kid was a vegan, a weight lifter, and a body builder.
He was religious about working out, training, and eating the right diet to support his hobbies.
James was 32 years old that May day in 2001.
He had just been promoted to assistant warned at one of Texas' largest prisons.
He'd also been through a divorce, and was finally getting back on track emotionally about the divorce.
As a kid, he never gave us any problems.
My wife, says she had no favorites, but James was indeed her favorite.
Sorry, for being so long typed, LOL, but you gotta know this to understand where I'm going for you.

Okay, James asked him mom, should he wait for his surgeon to return.
My wife said, it was his choice, but she would wait.
James hated being bed ridden, away form work and his training regimen.
He was young, not old like me and my wife.
He said, I want to get better, and I have to get through this to get where I want to go.
I hear those words and his voice as I type this.

He went ahead and had the surgery as planned by the new team.
The surgeon was respected, and that wasn't worrying James.
What James didn't know was that the new surgeon had a young, know it all, anesthesiologist on his team.
He was a resident, still trying to complete his specialty training and board certification.
The surgery was scheduled to take five to six hours.
Somewhere along about three hours in, the goofball anesthesiologist misplaced the oxygen and anesthetic tubes.
Cut to the chase, he failed to alert the team, and tried to fix it himself.
James survived the surgery, but ended up with a noxious brain injury.
He lived in a coma for 11 years, passing away in the summer of 2012.

My wife and I were his legal next of kin, and he told her to "fight for me, mom, if anything happens".
That day almost destroyed my wife.
The only thing that kept us going was our two grand daughters.
So, we instituted a lawsuit to make sure their futures and education wouldn't be destroyed because of this.
It took five years, many court battles, and a firm willing to do the work pro bono.

The youngest girl graduated college this May, her sister graduating May, 2013.
They will receive funds placed in trust from that lawsuit.
My wife and I placed out funds in trust to be released to each of them upon their turning age 25.

What you're about to embark upon isn't easy.
You would expect that with what I've told you, ours would have been.
Trust my representation, it wasn't.
Had it not been for the sheer size of the firm that litigated the case, and my contribution of my time and effort to do research, it would never have been done.
So, you'll need a very well endowed form to endure with you, because ours never took a dime giving their hare to our grand kids' trusts, too.

You'll also need medical experts who will spill the beans, tell the truth.
Luckily we found an honest RN, and young intern who did just that.
Good luck.
 
army judge said:
Yeah, you want what's right.
You want justice.
You want to make the careless physician pay.

I've practiced law for four decades.
Justice is like Bigfoot or Elvis sightings.
People say they saw Bigfoot here, Elvis there (lately seen with Michael Jackson and occasionally the Big Bopper, too), but there's never any proof.

You have the right to seek redress for transgressions and slights you perceived to have been done against your interests.
That means you can sue anyone, for anything, and anywhere.
If you are successful, and I wish you well, the physician if tried and found wanting; won't pay you a dime.
If you get paid, it'll be by his insurance carrier.

Now, why do I say this.
One of our sons was hit my an uninsured motorist, driving while drunk, and in this country as an illegal alien.
Our son was broken, battered, bruised, and almost died.
He was in the hospital for four months, enduring many surgeries.
He was recovering, until that day, and he met up with that anesthesiologist.
He was scheduled to have the third surgery on his broken pelvis.

His surgeon had a death in the family.
James trusted and liked his orthopedic surgeon, but the surgeon ordered his team to stand down while he was away.
James was offered to have the surgery and to continue his recovery, because he had at least seven more surgeries scheduled.

I need to digress to let you know a bit about James.
He played football in college.
He was beast of kid, and a bear of man.
He stood 6'5", weighed in at 325 pounds, all muscle.
The kid was a vegan, a weight lifter, and a body builder.
He was religious about working out, training, and eating the right diet to support his hobbies.
James was 32 years old that May day in 2001.
He had just been promoted to assistant warned at one of Texas' largest prisons.
He'd also been through a divorce, and was finally getting back on track emotionally about the divorce.
As a kid, he never gave us any problems.
My wife, says she had no favorites, but James was indeed her favorite.
Sorry, for being so long typed, LOL, but you gotta know this to understand where I'm going for you.

Okay, James asked him mom, should he wait for his surgeon to return.
My wife said, it was his choice, but she would wait.
James hated being bed ridden, away form work and his training regimen.
He was young, not old like me and my wife.
He said, I want to get better, and I have to get through this to get where I want to go.
I hear those words and his voice as I type this.

He went ahead and had the surgery as planned by the new team.
The surgeon was respected, and that wasn't worrying James.
What James didn't know was that the new surgeon had a young, know it all, anesthesiologist on his team.
He was a resident, still trying to complete his specialty training and board certification.
The surgery was scheduled to take five to six hours.
Somewhere along about three hours in, the goofball anesthesiologist misplaced the oxygen and anesthetic tubes.
Cut to the chase, he failed to alert the team, and tried to fix it himself.
James survived the surgery, but ended up with a noxious brain injury.
He lived in a coma for 11 years, passing away in the summer of 2012.

My wife and I were his legal next of kin, and he told her to "fight for me, mom, if anything happens".
That day almost destroyed my wife.
The only thing that kept us going was our two grand daughters.
So, we instituted a lawsuit to make sure their futures and education wouldn't be destroyed because of this.
It took five years, many court battles, and a firm willing to do the work pro bono.

The youngest girl graduated college this May, her sister graduating May, 2013.
They will receive funds placed in trust from that lawsuit.
My wife and I placed out funds in trust to be released to each of them upon their turning age 25.

What you're about to embark upon isn't easy.
You would expect that with what I've told you, ours would have been.
Trust my representation, it wasn't.
Had it not been for the sheer size of the firm that litigated the case, and my contribution of my time and effort to do research, it would never have been done.
So, you'll need a very well endowed form to endure with you, because ours never took a dime giving their hare to our grand kids' trusts, too.

You'll also need medical experts who will spill the beans, tell the truth.
Luckily we found an honest RN, and young intern who did just that.
Good luck.
Click to expand...

No words for the heartbreak you and your wife have been through and ready your story makes me think my fibroids are such a small problem . I'm glad you made them accountable for there mistakes and didn't give up .Thank you for your reply and may those granddaughters bring a smile to you and your wife .
 
One can live with fibroids for a very long time and never need surgery. Even if they were exactly the same size 3 years ago as now, and you should have had the surgery 3 years ago, how have you been harmed by waiting? You would have had the surgery either way (presumably). Fibroids are not necessarily dangerous. Also, presumably, if they were causing you problems (even if the source of the problem was unknown) you would not have gone 3 years without any medical care.
 
ElleMD said:
One can live with fibroids for a very long time and never need surgery. Even if they were exactly the same size 3 years ago as now, and you should have had the surgery 3 years ago, how have you been harmed by waiting? You would have had the surgery either way (presumably). Fibroids are not necessarily dangerous. Also, presumably, if they were causing you problems (even if the source of the problem was unknown) you would not have gone 3 years without any medical care.
Click to expand...

Ok you say fibroids are not dangerous ,well my blood count was six, which is very dangerous ,I could of had a heart attack a stroke ,my doctor here in TX said if I was hit by a bus and rushed to the hospital with that much blood loss I would be gone ,so you say they are not dangerous ,so my point being if I was informed of the fibroids in 2011 or any other year I went to the doctor in California I could of had different choices but at this point I have one that is 13cm and probably 6 to seven more and my uterus is 18 by 1 and because of my blood count I cannot have surgery and my options are not as they would of been if the fibroids and uterus were smaller ,so elle md no there not dangerous at all ,,,,,,,,,,,,,,,,,are you seriously a doctor?
 
The fibroids themselves are not dangerous. They may contribute to other health issues but they alone are not a danger. Going 3 years with no care at all would also undermine any claim you might have for malpractice.
 
What has been tried to have been pointed out here before..

1. If your previous visits have been to an OB-GYN a typical "well woman" visit (i.e., Pap smear, breast exam, etc.) would not diagnose uterine fibroids. Unless you were experiencing symptoms that would alert your physician to test for fibroids, checking for these are not part of a routine visit.

2. Fibroids can grow significantly in the three years you last sought medical appointments.

3. You don't get to sue for something that "might" have happened but didn't.

Gail
 
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