What to do about possible medical malpractice?
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What to do about possible medical malpractice?
I had a trabeculectomy 21 months ago. I have had recurring eye infections post operatively and have faithfully had my ocular eye pressure checked during his time. Within the past 2 weeks it has elevated to a 28. On my recent visit to the glaucoma specialist last week, she decided to remove the nylon sutures almost 2 years later. I was not aware that they were left in after the procedure. The purpose of the sutures was to prevent a sudden drop in ocular eye pressure since the bleb allows the flow and drainage of tears. Therefore the purpose of the procedure has not been fully optimized. My eye condition has been debilitating. I am proposing to sue for negligence. Your input is greatly appreciated.
Asked on August 13, 2013 under Malpractice Law, Pennsylvania
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 be examined by another ophthalmologist who can also review your medical records and write a report supporting your claim for malpractice.
If the second doctor writes a report supporting your malpractice claim, proceed with the case.
Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with the first doctor's malpractice insurance carrier. Your claim filed with the first doctor's malpractice insurance carrier should include your medical bills, medical reports (especially the report from the second doctor) and documentation of any wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your 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 the first doctor's malpractice insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the first doctor's 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 first doctor's 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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