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If my doctor said i would walk out of screw removal with my cane but i ended up leaving in wheelchair, is this illegal.

Pewaukee, WI |

Dr. Prescribed only 5mg of hydrocodone post op to removing three screws from my greater trochanter, so i ended up in the e.r. 6 hours later getting prescribed 10mg oxycodone, 10mg cyclobenzaprine. Is this negligence for the doctor to tell me that i would be walking out with my cane and running within two weeks & to top it off prescribed less pain meds than a dentist would when in reality it would take someone a month and a half to two months to heal from? I just feel like I was completely mislead, also I inspected my screws and some of the the threads are broken off in the middle of them.

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Attorney answers 4

Best Answer
Posted

I believe you want to know if you have a claim against your physician or the hospital for either failing to properly treat you, or failing to obtain proper consent by explaining the procedure and the likely outcome accurately. The short answer is that yes, you might potentially have a claim. However, whether that potential claim is actually one that can be successfully pursued is another matter entirely.

There is only one way to know this with any level of certainty - You need to call a firm that specializes in medical malpractice and actually speak to someone there about your situation. There are several excellent medical malpractice firms nearby in the Milwaukee area that do this work, and this website is an easy way to find one, and their phone number.

A plaintiff's medical malpractice firm typically will provide a free consultation by phone, since they largely work on a contingency basis in most cases (they get paid if you get paid by the negligent party) . Call one to see what they think of your situation and whether they believe you have a case that could be successfully pursued. If you are at all worried about being charged for this conversation, you can simply ask them and they will let you know. If they do charge for some reason, I would call someone else.

I hope this helps, and I hope you feel better soon.

This answer does not create an attorney-client relationship. Neither I, nor my firm, represent you, and you are not considered a prospective client. I cannot guarantee that any of the general opinions above are accurate given the scarcity of information provided in a post on this site, no matter how detailed that post may appear to be. If you have any legal concerns whatsoever, you need to consult an attorney immediately to determine your rights or responsibilities. Any answer provided is not a source of legal advice upon which you can or should rely in any way, shape, or form. You cannot be sure of how to proceed unless you actually retain an attorney who agrees to advise you, and the answers given on this site are not, nor could they ever possibly be, a replacement for retaining an attorney directly.

Asker

Posted

Its not that i want to sue him, i just want.to know if Im in the right for being pissed off at him and if so, how to confront him about the situation.

Posted

It is not illegal, and to sue for medical malpractice your injuries sound too little.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

Posted

"illegal" isn't really the correct concept when talking about a medical procedure. Also the slow healing and the situation you describe doesn't' really sound like the basis for a malpractice case, although I know it must be frustrating for you to have to deal with. You need to understand that medical malpractice cases are expensive to pursue, difficult to prove and highly technical in nature, since you need experts to establish what the standard of care is and that it was breached in some fashion. If you want to pursue a malpractice case you would need to have a medical malpractice attorney get the files and have them reviewed by a physician to determine if professional negligence occurred and if you have any recourse. If you want to explore it further use the Find a Lawyer tab on Avvo to find one in your area to consult with. Best of luck to you...

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Posted

The term "illegal" relates to criminal law matters. Your issues are related to whether or not the physician fell below the standard of care in your care and treatment. Doctor are not always completely accurate as to the amount of time that it will take each person to heal. You should have your condition evaluated by another specialist to make a determination if the procedure was performed correctly and to determine if your healing time is normal.

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