Do i have a Medical Malpractice case?

Asked over 2 years ago - Cape Coral, FL

I'm a 27yr old female. I had surgery in Nov '11. I started physical therapy the next day. This continued for the next month and a half. My condition did not get any better, I had a follow up with my doctor in Jan '12. He did not say anything about it except it will go away. About 45 days later he see's me again and says that something is wrong and referred us to another doctor who did a nerve EMG and told us I have a femoral neuropathy. And more then likely it was permanent. Our current doctor told us that is was the anesthesiology fault for this to happen. He said that he hit my nerve when he injected the nerve block. it's been almost a year and still no change. I have no feeling in my thigh or my calf and I have to wear a brace now. I am about to lose my job and my world if falling apart

Attorney answers (3)

  1. David Bradley Dohner

    Contributor Level 13


    Lawyers agree

    Answered . This is the best litmus test anyone will ever provide to me.

    I am going to keep this very short, if not sweet. This has nothing to do with you, so please do not misinterpret my question/request. Please, please, please do not, because many folks would take this do be an indication of an attorney's expression of doubt about the information which a potential victim of medical negligence has related to him or her. That would be a very clear mistake, but nonetheless one which I have seen made time and again, both with respect to potential clients who have come in to my office for an initial consultation, and the same situation has also occurred in exactly the same manner with respect to those prospective clients who have visited with colleagues of mine (who, like myself, have and in some cases still do, accept medical malpractice cases. A question just like the one I am about to present to you is asked of them; they misinterpret the reason for asking the question, which is a very good one, and one which might lead to the difference at the end of the day between winning and losing an action arising from medically negligent care and treatment which has led to injury and harm from which these same folks may have suffered and/or continue to suffer....and, rather than simply answer the question, or arrange to attempt to do so, they become offended, feel that their motives or integrity are being called into question; and leave!!!

    Meanwhile, no attorney of even reasonably sound judgment, or who had the slightest desire to strive to win each and every meritorious case with which he or she decides to become involved....a trait which I would otherwise expect anyone would want to see exhibited in his or her attorney.

    So, once again, please carefully read the question; if you want to know why it has been posed, reply by "Comment" to this Answer and I will begrudgingly do so, but better yet, just provide an answer, again by reply "Comment" and we can continue on from there...

    Best regards,

    David B. Dohner, Esq.

    We are pleased to offer a free thirty (30) minute initial telephone consultation, or, if possible, will attempt to... more
  2. Bret A. Schnitzer

    Contributor Level 16


    Lawyers agree

    Answered . Will your doctor put in writing that the anesthesiologist was negligent and fell below the minimum competency of a physician of his specialty in the procedure and was proximate cause of your condition? Is your current doctor an Anesthesiologist? That is what you need to show a prima facie malpractice case.

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think.... more
  3. Joseph Jonathan Brophy

    Contributor Level 20


    Lawyers agree

    Answered . I will keep this short. You don't mention what surgery you had, which makes it a little difficult to answer the question. Your injury could be the surgeon's fault, the anesthesiologist's fault, or nobody's fault. You need to get yourself to an experienced medical malpractice lawyer, the sooner the better, and ask him or her to sort this out for you. All medical malpractice lawyers are happy to answer questions without charge, and if they think your case is of likely merit, they will gnerally advance the expenses of investigation. I believe FL has a two year statute of limitations, and I know FL has a lot of burdensome procedures for medical malpractice cases, so again I emphasize that you have no time to lose.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more

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