What are my rights if my medical condition is worse off after surgery?
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What are my rights if my medical condition is worse off after surgery?
I recently had surgery on my extensor tendon in my ring finger. From what I understand surgery of this nature is to be handled within 5-10 days for best results. It has been 3 months now and not only do I have no use of the said finger which had surgery, but I have 50% usage of my middle finger and maybe 10% of my pinky which weren’t even injured. My friend says I may have a case.
Asked on April 8, 2014 under Malpractice Law, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
It would be advisable to obtain your medical records and be examined by another doctor, an orthopedist. The second doctor can also review your records and write a report supporting your claim for malpractice.
Prior to filing a lawsuit against the first doctor, it may be possible to settle the case with that doctor's malpractice insurance carrier. Your claim filed with the malpractice insurance carrier should include your medical bills from both doctors, medical reports (especially the report from the second doctor) and if applicable, documentation of any wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury 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 the malpractice insurance carrier, NO lawsuit is filed. If your are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the first doctor. If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the first doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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