Doctor refused to move up surgery after ER doctor said mandatory; made me wait a month; damage for 11/2 yrs since then. Help

Asked over 5 years ago - Wilmington, DE

With the lack of sensation to go to the bathroom for about 1 1/2 yrs since, and unbelievable suffering for weeks, several trips to the ER, with them saying surgery needed to be done immediately, the doctor refused, because "...Mondays are my day off, and I have a conference to go to..." Told no other doctor in the practice would take over, and no outside doctor would help because already a patient of another doctor. There is more, but the doctor refused to move up my scheduled surgery after the medication she gave me caused the situation to get worse and caused and emergency situation confirmed by the emergency room. This went on for a month.

Attorney answers (2)

  1. Elizabeth Taylor Herd


    Contributor Level 19

    Answered . I am not licensed in DE and can offer you general advice. You may have a viable claim and should contact a local lawyer. I am not sure, however, whether you are talking about a spinal or other type of neurosurgery. If there is a delay in getting you to surgery that can be linked to the cause of your long term problems you have a claim. There may also be a potential defense to your claim if you had an unexpected, unforeseeable reaction to a medication that it was within the standard of care to prescribe for your conditon. Call a local lawyer and give specific facts to get a more specific evaluation.

    Betsey Herd
    Tampa, Florida

  2. Michael J. Helfand

    Contributor Level 16

    Answered . If your doctor was negligent and you were harmed as a result, she may be liable for malpractice. First, her actions would be measured against what a reasonably careful doctor would have done in the same circumstances. Then, it would depend on whether her negligence caused you harm (beyond your original illness or condition). If you ended up no worse off in the end, it's likely not a situation for a medical malpractice lawsuit. It would be worth consulting with an attorney in your area. Keep in mind that there are deadlines for filing this type of lawsuit, so don't delay.

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