The doctor did a back surgery and accidentally put a tear in the lining that covers the nerves and now I have incontince ,which has caused some kidney stones to be infected and I only have one kidney ,have had sepsis and I've been on antibiotics for this last time for 3 weeks, going through a pic lines,if this antibiotic and a maintance doesn't work ,I may have to go on dialysis,,and he wouldn't tell me what he did all he would say ,6 months to a year to heal,what are my options?
I am sorry to read of your troubles. There are risks associated with every surgery and patients sign informed consents to warn of such before undergoing surgery. However, a doctor is required to perform according to the standard of care established in a particular community for a particular procedure or care plan. Your medical records will require review by a medical expert who will have to opine that to a reasonable degree of medical certainty, s/he can opine that your care was a deviation in the standard of care to which you were entitled and that your damages are the direct consequence of the deviation. Gather your medical records and consult local counsel for further clarity.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
A bad outcome in and of itself is not evidence of negligence. Sometimes when a doctor does everything right the patient does not get better. Sometimes the patient gets worse and sometimes a new injury and complication develops that the patient did not have before treatment. There is only one way to find out for sure. Malpractice is care and treatment that falls below the standard of care and causes injury. The standard of care is basically the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. Injury typically must be severe or permanent in order for the claim to be economically feasible to pursue even if there is malpractice. These cases are very expensive and risky to pursue. Unless it appears there would be a meaningful economic recovery to the patient the cases are cost prohibitive to pursue. In order to find out if you were the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather your medical records and have them reviewed by a medical expert who will be asked to offer an opinion as to whether 1. the care and treatment you received fell below the applicable standard of care and 2. caused an injury. There is no claim to pursue unless and until such an opinion is secured.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
Have this situation reviewed by an expert before your statute of limitations runs. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
There are some very good attorneys in Muncie who would be willing to handle this matter for you for investigation purposes. If you aren't comfortable with that, Indianapolis has many excellent medical malpractice attorneys, too. You should certainly look into this matter further.
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