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slippeddisk

[04] MEMBER II
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Posts posted by slippeddisk

  1. The last thing I would want is to put her in a position where she was before.

     

    She doesn't deserve feeling this pain all over again.

     

    If it is what it is and is truly inevitable, let me hold her, and have her, until it wont hurt as much.

     

    I ask you, i beg you. Keep her 'nestled' in your comforting embraces if mine wont suffice.

  2. Hello slippeddisk:

     

    In your post two doctors have already operated on you for your medical problem. You said that the second doctor seemed to have "corrected" what the first doctor, as you said, have negligently done.

     

    So who caused the relapse, is it the first doctor or the second one? That should be determined first before you can sue.

     

    You said that you had a relapse. What is your basis in saying so? Did you consult another 3rd doctor?

     

    All these have to be supported by records, and also backed by expert testimony from a doctor who will advice the court why you're saying there is negligence. An expert medical witness is hard to find because he has to be accepted as such by the court, and as legalavatar said it would be hard to find a doctor who will testify against his fellow doctor.

     

    So if you really want to file the case, you should prepare your records, make sure that there is proof that really a relapse or "binat" is what happened to you, the one you are suing is the real culprit (and negligent), and you have an expert witness who will back you up.

     

    Hope I helped.

     

    Hi there pol22366!

     

    With reference to my reply to legalavatar, it would be the first doctor who caused the relapse since he's the one who operated on the wrong spinal level, thereby increasing instability on the joint.

     

    The basis for this was loosely agreed upon by my rehab doctor, whos also my dean back in college, and by loosely i mean she did not verbally confirmed that to me -- just nodding her head in agreement when i aired my clinical impression.

     

    Records from the hosp also shows that i was diagnosed to have problems at a certain level, L4-L5, while an operation was also done on another level, L5-S1. Very clear and exact records that i have with me...

     

    And yes, the biggest hurdle will be to get the 2nd doctor, or the 3rd doctor, or probably a 4th party expert to testify to this.

     

    So, all elements in having a case and winning it is available to me, lest an expert witness to back me up?

     

    Question to you pol and to legalavatar: would you be willing to represent me? being a fellow MTC-er and all?

     

    Let me know, I could visit your offices to further discuss possibilities with this case.

     

    Thanks a bunch for the replies! And advance thanks in case we see that we can pursue this!

  3. butsoy, hope you don't mind my butting in...

     

    doctors can get sued on negligence based on the principle res ipsa loquituor or "the thing speaks for itself". It is very hard to prove medical negligence, let alone get another doctor to testify against his brethren doctor. if you manage to find one will testify for you, great!

     

    if the error pertains to diagnosis, whether negligent or not, it's very hard to sue and you might not have a case. error of diagnosis cannot be construed as medical negligence.

     

    if the error pertains to some medical procedure which is basic and well-documented such that a simple departure from that procedure is clear negligence on the part of the doctor, then you may have a case.

     

    if the irregularities you mentioned pertain to sterility of the operating room or its failure to observe certain protocol, then you sue the hospital.

     

    if the irregularities pertain to the failure of the doctor to follow simple procedure, you sue him. Of course, you must prove that the procedure is so basic and fundamental, that his failure to observe the procedure amounts to negligence.

     

    if he leaves a syringe or some medical equipment inside your body, then this is the best example of medical negligence - res ipsa loquituor.

     

    i doubt if the health management provider has any liability.

     

    why do you say that the operation is "palpak"? were the doctors inebriated by alcohol during the procedure? if such is the case, sue both the hospital and the doctor.

     

    hope this was helpful.

     

    thanks for the reply legalavatar!

     

    to answer your question, what i have is slippeddisk - a spine condition.

     

    with that comes levels of the spine affected, in my case level L4-L5 -- damage from after surgery included L4-L5 PLUS L5-S1 -- clearly documented on hospital records as well as records i kept, MRI scans taken before the second surgery, as advised to be secured by the second doctor.

     

    With this in conjuction with your advice, i would have a case. But getting any doctor to testify to this, including even the second physician, would pose a hurdle.

     

    Hope to seek a firm that would actually go ahead and take this case on.

     

    Would you say that im on the right track legalavatar?

     

    uber thanks in advance!

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