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Do i have a Medical Malpractice case?

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

Posted

This is the best litmus test anyone will ever provide to you....trust 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.

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David Bradley Dohner

David Bradley Dohner

Posted

Question: Will the physician who authored the comment to you concerning the relationship between the pain and suffering you are experiencing/enduring, which one of your current treating physicians has advised you resulted from the anesthesiologist who worked alongside your surgeon "hit a nerve", during a nerve block, agree to testify to these statements, or at a minimum, provide a statement to me (or, for that matter, to you if he or she does not "like" attorneys (most claim that they do not until they need one to provide them with a defense in a liability suit or to do some transactional work for them regarding assets which they may possess and the "interplay" between these assets and plans of insurance which doctors are mandated to carry or to otherwise provide an analogous and reasonable means specified by statute and regulations, to protect the patients to whom they provide care and treatment)). The statement would have to set forth facts as simple as those which you have already stated, perhaps a bit more clearly worded, if he or she agrees with that wording -otherwise, just as already stated to you, and would preferably be sealed by a notary. There is a tremendous amount more to discuss; he or she I am guessing is your family doctor, not a board certified neurology or neurosurgeon, or, an anesthesiologist, but let's start there.... I will look forward to your reply. Best regards, David B. Dohner, Esq.

David Bradley Dohner

David Bradley Dohner

Posted

By the way, if I did not already say this in my fairly lengthy initial response and inquiry: I am terribly sorry to hear of the profound effect which all of this has obviously had on your life, and hope that you have a solid support system around you. In my experience, when one is suffering from....fibromyalgia is a perfect example, actually....many persons to whom the sufferer is attempting to relate the extent, or the magnitude, of the pain, far too many others will, sometimes literally, unfortunately....outright laugh at the patient's condition and make very poor assumptions about the pain which is being experienced by the patient, oftentimes authoring comments as plainly ignorant as "it's all in your head". Do not let ignorance diminish your energy, and, most importantly, do not allow yourself to fall into self-doubt, because that is when things can go from bad to terribly worse. Hang in there, keep your energy level as high as possible; eat healthily but "happily" now and again; excercise as much as you can tolerate it; and keep striving for improvement in your condition on your own, while researchers and clinicians continue attempting to investigate more and more sources of a potential cure. And do not misunderstand the question. I will explain why it was posed as soon as you respond. You will see why right away, I am sure of that. Best, Dave

Asker

Posted

I see my doctor again next week I will ask. Also just something that happened about three weeks ago I had my brace off as I was getting ready to go to bed and bent down to pick up my 2yr olds toy when I stood up my knee gave out and smacked my tailbone and head on my floor, I couldn't get up. My husband had to pick me up from the floor and lay me on the couch.

Joseph Jonathan Brophy

Joseph Jonathan Brophy

Posted

Don't ask your doctor. Ask a lawyer. I have advice for Mr. Dohner, too. "If I had more time I would have written a shorter letter."

David Bradley Dohner

David Bradley Dohner

Posted

Mr. Brophy: I believe that I am correctly apprehending your comment directed to my attention. However, I have had more misunderstandings arise through e-mail correspondence and many, many more throught text messaging, which I would love to see abolished, than I even remotely care to recall. Many of them have been unfortunate misunderstandings that resulted in negative outcomes. Generally, between two well-intended individuals, and therefore, worse yet. Accordingly, in the event that along the way here, there has been some misunderstanding or misapprehension of any statement authored by me, I have read many of your comments and have found them almost uniformly to be of the sort which I would think it likely were found to be helpful and informative to the party posing the question. If I have disagreed with any position which you have asserted, or comment which you have authored, and I believe that has only been true on one, perhaps two, occasion(s) and was/were a matter of opinion, with respect to which I am certain that you have sufficient experience to weather if not respect and appreciate, well, I can not do much about that. But I will state that in every instance in which our comments or replies have dovetailed or interfaced, I intended nothing but collegiality and respect for your view of whatever may have been at issue. Having said that, again, I do not believe that you have suggested in any way that same was the case in your view, and reiterate that I believe I read you accurately. I simply write to insure that no misunderstanding could possibly now exist. Have a great day and best regards, David B. Dohner

David Bradley Dohner

David Bradley Dohner

Posted

And, if interpreted as it otherwise could be (i.e. negatively) and that in fact was the intended manner of interpretation, bl__ me. LOL. Either way, that covers it.

Posted

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. www.schnitzerlaw.net

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Asker

Posted

The doctor I am seeing is board certified anesthesiologist, he made a call to another doctor to call a lawyer for us.

Bret A. Schnitzer

Bret A. Schnitzer

Posted

Sounds like a good sign for your case. Good luck.

David Bradley Dohner

David Bradley Dohner

Posted

I was just about to strike the first key, an "S", which would have commenced my comment directed to your attention, tongue planted a bit more squarely than intended in my cheek, when I momentarily glanced up and saw the words, "The doctor I am seeing is [a] board certified anesthesiologist..." Immediately thereafter I fell out of my chair, using only my skull to block the fall. I am, apparently, wrong somewhere in the neighborhood of six to seven hundred times a day. LOL. Have a good day. My intention is to walk around in a stupor for the most part. Florida is a ....how to say this in just the right way? Let's do this...Florida formerly was a very difficult state within which one might file a medical malpractice action, with any reasonable expectation,..., maybe any expectation of winning is mathematically more accurate. Under the new and "improved" version of the primary controlling statute, and a few ancillary statutory and procedural enhancements, from the perspective of a doctor, hospital, etc., one's odds are excellent - odds that you will spend an exorbitant amount of money, that is. LOL. Winning at trial, although in greater part than anything fact driven and fact driven alone, is a one in a hundred or worse shot. I enjoy your commentary. Any ruminations on the state of med mal with which you are contending to share? Very best regards, David Dohner

David Bradley Dohner

David Bradley Dohner

Posted

My apologies, trying to throw on my tie, while typing with one finger. The comment which I was about to author would have been, "Something tells me that the doctor is definitely not......". Beyond that, I refer you to my former comments. LOL.

Posted

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 Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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Asker

Posted

As for the surgery is was an arthroscopic knee surgery. They gave me a femoral nerve block.

Joseph Jonathan Brophy

Joseph Jonathan Brophy

Posted

With a knee surgery the injury is more likely due to the nerve block itself, but if the surgeon used a tourniquet, that could have caused it. These cases are not easy to prove, and I believe FL has a cap on pain and suffering damages which may be discouraging lawyers from looking at your case. I can only repeat my advice- keep looking.

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