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.
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.
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]
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.
Medical malpractice occurs when a medical professional's negligence causes injury to a patient. Incorrect actions and inaction can both be forms of negligence.
Surgical malpractice occurs when a medical professional makes an error during surgery that was both preventable and beyond the normal risks.