SURGEON DELIBERATELY OMITTED CAUSATION DETAILS TO OBSTRUCT LITIGATION OF THE REFERRAL DOCTOR

Asked about 1 year ago - Seattle, WA

My son's circumcision was botched causing him chordee (upward bent) and permanent scarring, the doctor that performed the circumcision referred us to a surgeon for 2nd opinion, at the 1st visit, the surgeon lied that my son was born with a chordee but when i showed him the pencil-straight picture of erected penis before the circumcision, he was rattled and told me the circumcision doctor (might have) damaged the penis. In the medical record, he acknowledged there was significant bent of about 30-40% of the penis, he didn't say what caused the chordee he repaired and what the other doctor did wrong. With this lack of detail, i don't think i have a case, (right?).

What can i do please to "force" the surgeon to include this missing causation-detail. We have follow up appointment with him.

Additional information

The negligent Dr. did not refer us specifically to a named Dr. but rather to a very big Children's Hospital urology department (who on their own randomly chose the Surgeon to attend to my son) that kind of give us hope of credibility and transparency.

Of course the attorney we are planning to hire must get a medical expert to review the records. I hope that the fact that the surgeon obviously excluded the causation in his records and what the referral Dr. did wrong will not negatively affect this case even before the Jury (if it gets to that). I am a layman in legal matters. Thanks

Attorney answers (5)

  1. Tanya Marie Bachand

    Contributor Level 15

    4

    Lawyers agree

    Answered . This happens all the time. You should consult with a medical malpractice attorney in your area. They will carefully evaluated the case and have the records reviewed by an expert. A skilled attorney and competent doctor will be able to establish causation even if the doctor tries to hide it, assuming its there.

    This is general advice and does not establish an attorney-client relationship.
  2. Andrew Daniel Myers

    Contributor Level 20

    4

    Lawyers agree

    Answered . The confusing issue here is how it is that you thought that if doctor # 1 was negligent, that you then thought doctor # 1 would refer you to a doctor # 2 that would point back at negligence by #1. It doesn't work that way. Picking the right credible, independent, experienced medical expert is a basic in malpractice and is only one of many challenges that require retaining an experienced medical malpractice attorney if you are in fact serious about the case. Here's more on experts: [BLUE-LINK-BELOW]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Don't worry about what is in the records. Have a local malpractice lawyer order his medical records to get reviewed by an expert to ascertain whether there was a breach of the standard of care.

  4. David Ian Schoen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You can't worry about what the doctor did and did not put in his records. You do not have control over that. If you believe this doctor is responsible and that the damage is significant contact a local medical malpractice attorney.

  5. John Robert Bonin

    Contributor Level 10

    Answered . As you are in the Seattle area I recommend scheduling an appointment with Moen & Greenstreet, a law firm concentrating in medical malpractice. The majority of doctors out there try to avoid saying or doing things that might make them a witness in legal proceedings - just a fact of life. I don't think a complaint to health care quality assurance or anything else will force this doctor to give a causation opinion. Moen and Greenstreet have (as I understand it) an MD on staff as well as several paralegals with medical background. Given what you have said here it is possible, but not probable, that you may also have a causation argument under a legal doctrine known as "res ipsa loquitor" (meaning, the thing speaks for itself). Good luck to you, and to your son -and congratulations for understanding the importance of having a causation opinion.

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