If I had a heart catheter done and the doctor went up my leg groin and pinched a nerve in the process, what should my next step be since I’m now incapacitated due to the pain?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I had a heart catheter done and the doctor went up my leg groin and pinched a nerve in the process, what should my next step be since I’m now incapacitated due to the pain?
The surgery was a few years ago. When I woke back up, I was in so much pain I asked the RN for pain management or a extra pillow. My wife is a witness to this but the RN refused to help me out. It’s like they ignored me. The doctor went up my leg groin and pinched a nerve. My family practice doctor admitted that the surgeon made a mistake that could be long term. (it’s long term, because I’ve been having leg sez almost everyday.) I had 2 nerve test and they both came back as positive for nerve damage in my right leg. I can’t work! I would love to sue the hospital for all the money they have. I have the hospital records of proven test that shows the test results and everything.
Asked on July 9, 2015 under Malpractice Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Negligence on the part of the hospital is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Since you said this occurred a few years ago, you need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
If the statute of limitations is approaching, file the lawsuit. If you still have a considerable amount of time before the statute of limitations expires, it may be possible to settle the case with the insurance carrier for the hospital and the malpractice insurance carrier for the doctor. Your claim filed with each insurance carrier should include your medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury/condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with both insurance carriers (hospital and doctor) NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit for negligence.
If the case is settled with one, but not both insurance carriers, only name the party with whom the case has not settled (doctor or hospital) as a defendant in your lawsuit for negligence.
If the case did not settle with either party's insurance carrier, name both parties (doctor and hospital) as defendants in your lawsuit for negligence.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.