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Lawsuit...would You Do It Again?

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arbez

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My PTSD resulted from medical malpractice. Had 4 hip surgeries. Spent almost 3 years in bed trying to get it fixed (it finally is). At times I was treated as a drug seeker. Had many doctors refuse to treat my pain. But the real question is regarding two docs in particular. One never saw me - "D1" (he was a specialist, the best in his field in my State) and the second is the doc who replaced my hip the first time "D2."

After 2 failed hip scopes, I got another opinion and was referred to D1. I waited 6 weeks to see D1 and was seen by a NP instead, who misdiagnosed me (even though they had all my records from the doc who had correctly diagnosed my problem but wasn't able to fix me because he was retiring and the surgery was tricky). Then saw D2 for hip replacement because I couldn't take the pain anymore. D2 wanted me to see D1 to make sure my hip couldn't be spared. I reluctantly agreed (pain from the trip was a lot, plus concerned about the wait to get in again). D1's office sent referral. I waited and didn't hear anything. Called D1's office to report I had not heard anything yet from D2's office. I was given a number to call to check appointment myself. I did that. The woman from D1's office took my info, put me on hold and then came back to tell me that D1 agrees w his NP, and there is nothing further he can offer me and that he is sending email to D2 to tell him that. I called D2's office, relayed the conversation and asked to be scheduled for surgery, which I was.

Had hip surgery. On day 2 following surgery I received a call at home from D1's office, who were calling me to schedule me for consultation. I explained I didn't need consultation because I had hip replaced after I was told D1 wouldn't see me. The woman on the phone sounded flustered, stuttered a bit and then said she was sorry and hung up. I thought about the conversation for awhile and then wrote a letter to D1 explaining my concerns w the communication in his office and my disappointment with the care I received there.

Following my surgery by D2, my hip troubled me. It initially was better than before surgery, but never healed the way it should have. I couldn't walk without a limp, it hurt all the time.... D2 kept ignoring my complaints. I finally got a second opinion who thought that my implant was infected. While copying records from my file for the second opinion I found a letter that D2 had written to my disability company telling them that D1 had called him and said that I had threatened to sue him (which I never did) and advised D2 to be careful of me. In the letter D2 wrote, he called me a liar and manipulative. He never mentioned the phone call from D1 to me, nor did he mention that he wrote the letter to my disability company that got my disability denied.

It was discovered when I had my hip revised that D2 had put cup in at wrong angle and also made my operative leg over 1" too long. Both were corrected by new surgeon and I am currently recuperating.

I've discussed suing these docs and my therapist has told me it will probably trigger me. For awhile I thought I'd let it go and move on with my life. But lately I'm angry. I don't think it's fair that they intentionally did things to harm me and no consequences for them. Because I wasn't able to work (or care for myself because of the pain) I had to move in with my son, file bankruptcy and can't afford the health care I need. I am strongly reconsidering suing and want to know if any of you have done so, and if you'd do it again. Maybe I should just let it go and move on?
 
This may be different but I had two back surgies following a fall. The same surgeon did both surgies. The 2nd one he hit my nerves going into my legs to take out many pieces of discs, perm damaging the nerves leading to femerol neuropathy and a huge amount of pain in my lower back, legs, feet and cant walk without pain medication when i could before. He also said i was faking it to the disablity company which caused my short term diabiltiy to stop but what he based that one was ridiculous!

I thought about suing him and got a lawyer to speak about it but the paper work i signed before surgery absoloves responaibilty of the surgery up to and including death. So if he killed me and i died on the table, unless it was a clear cut heinous malpractice that is very easy to prove (his words) then i had no case.

But thats me, not you. Id get a lawyer and lay out the issue to gain legal advise about whether its worth it.

As for the trigger, maybe but if you have a good case id go through the trigger but if its a 50/50 or less, Id say not worth it. But thats my opinion.
 
As for the trigger, maybe but if you have a good case id go through the trigger but if its a 50/50 or less, Id say not worth it. But thats my opinion.

I should say if you do go foward, Id stay as grounded as you can constantly and also run through mindfulness constantly to reduce the triggering events and make them less triggering and less likely; if that makes sense.

Also stay in constant contact with your therapist and a support person/people if you have one/several.
 
My PTSD resulted from medical malpractice. Had 4 hip surgeries. Spent almost 3 years in bed trying to get...
Wow, reading these stories I know why I stay away from doctors. I also happen to know that most medical health insurance agencies and the many lawyers they pay are sharks who do not care about human beings whatsoever. It is everyone's personal choice whether to sue or not, but one has to prepared for the long haul, has to be prepared to put out a lot of money before they may or may not ever see a penny IF the lawsuit is successful.

Then someone has to think about whether or not the money that can result from such suit would make their personal situation better. I suppose such money could be used to find better treatment perhaps, but once doctors mess a patient up that poor person can not recoup what has been lost in terms of their own health, very apparent after surgeries have gone wrong.
 
You have been through so much! How awful. :(
My PTSD resulted from medical malpractice. Had 4 hip surgeries.
Unless the medical malpractice put you in a position of facing the threat of imminent death, which isn't what you describe, this isn't a criterion A event that is nessecary for the clinical and specific diagnosis of PTSD. Anyone who gave this diagnosis would be torn apart on the stand, as well as your statments. Even if a case could be made for PTSD, they may very likely be able to obtain access to and make as public record as part of the legal case, some or all of your trauma therapy records. Based on these issues alone, I would not sue for the claim of PTSD. I would stay far away from it. I had my own therapy records made public as part of a lawsuit (not medical malpractice but a civil lawsuit about a matter doctors were involved with) and it nearly undid me. It took years for me to trust my therapy was private and some of those records of past therapy will never be private again. Ever.

In terms of suing for medical malpractice for the physical and emotional harm done by the mistake in the surgery, there are some attorneys that could take this on. I'd suggest seeking out a free consult and talk to them about the pros and cons. If your medical damages are high enough, they may take it on contingency, taking payment only from any winnings of the case. Otherwise, if they don't take it on contingency, expect to have to put down a $1,5000-3,000 retainer up front. I'd also expect a 1-5 year battle before you reach a settlement or ruling in court. The attornies can best figure out if you have grounds to sue and what some of the stressors/triggers might be along the way and the possible amount you could win.
 
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Wow you have been put through the ringer, I am sorry for what you have had to endure in all of this. I can sure understand your anger and it sure is not fair. I have been involved in a lawsuit but not against medical professional. All I can tell you is that it absolutely destroyed me. You have to remember every detail, write stuff down, explain in chronological order, your own attorney can put you through ringer. I am not advising against it, only say prepare yourself for the battle of your life. If you didn't have ptsd to start, you just about would after. It drags on for yrs and during that time it consumes you. If there is any way to move past your feelings, your energy would be better spent on recovery if that is at all possible.

When people win these settlements, others often think it seems like a lot of money. It is not. By the time the attorney takes a third plus expenses which add up quickly with depositions, then you consider 3 yrs of full time work on the case prior to settlement, often, it is what you would have made working full time in 3 yrs. Thats really not much for the toll on mental health.
 
You have been through so much! How awful. :(

Unless the medical malpractice put you in a position o...
Thanks for the advice. I plan on suing for medical malpractice (shall I call it medical vindictiveness?) and possible slander since my physician wrote a letter that claimed I am a liar and manipulator, both of which are not true and was based upon a call from another physician who never saw or talked with me and was jammed up because his office staff made an error in my care. I have the PTSD from the multiple surgeries, months in bed unable to do anything due to pain, untreated pain due to doctors and nurses who either didn't get it or didn't care. My therapist warned me that suing could aggravate my PTSD, and that's what I need advice here for. If you've done it (sued the person who caused you pain and suffering) what did it do to your PTSD? Right now I feel like I'm on the edge of ending up in a mental hospital. The depression is really bad. Don't want this to throw me over the edge, but in a way I feel like I'm taking more control of my life (finally) which may be a good thing.
 
For what it's worth, there are studies around that indicate that people who engage in litigation for personal injury are less likely to recover from their injuries than those that don't sue, and have worse health outcomes overall. Significantly. There are differing interpretations of those studies: is it because people who sue are generally suffering from worse injuries, or is it because litigation forces the litigant to focus on their incapacity during what is the key recovery period?

If you do decide to litigate, it is going to be crucial that you have a good support network in place. Also something to consider - Dr 1 wrote one horrible letter, and you're feeling the impact of that letter now. Litigation is going to inspire dozens of those same types of letters, as well as insurer-funded specialist reports disputing your version...for years. That's tough.

Certainly here in Aus, as a general rule a person has a much stronger case against a doctor who botched an operation than a doctor who decided not to operate. It may also be that the awful letter from Dr 1 was potentially in response to a request for information from an insurer involved, which is something to bear in mind.

Having worked for the insurers in these sorts of cases, if it were a relative of mine asking whether the compensation and justice was worth it? I'd say no, shift the focus entirely to your recovery, these arsehats aren't worth your recovery.

But then that's just my (biased) opinion, and there's obviously a lot of personal details that you need to weigh up for yourself. To that end, I hope someone can offer you a good outcome to balance the scales here for you. I'd also recommend that you have a good cooling off period after obtaining any legal advice before making a decision- the lawyers who work on no win-no fee retainers are going to give you a sales pitch, and stand to make a lot of money from you enduring the litigation!
 
There are differing interpretations of those studies: is it because people who sue are generally suffering from worse injuries, or is it because litigation forces the litigant to focus on their incapacity during what is the key recovery period?

Id say the latter just from my own experience. If i would of taken on a lawsuit in my condition in '09 (unable to walk) and it likely would have dragged on 5 yrs (or at least a few), I know I wouldnt of been able to get back to work when I did (2 yrs). I would have been in much worse condition.

@arbez, Personally I wouldnt do it but certianly Id talk with and follow the lead of your therapist. They seem to think it will be too much (triggering) so personally if my therapist isnt all in with his opinion i tend to take his lead on decisions like this. Its a big decision and i dont fully trust i can make the right one for me alone.

But this is your decision. I just wouldnt make the decision alone. Im worried about your well being is all.
 
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