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What can I do about a botched surgery and poor post-surgical care?

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What can I do about a botched surgery and poor post-surgical care?

I was injured on the job approximately 4 years ago. After surgery I had asked dr about removal of hardware several times because of pain, however he downplayed it each time and said that pain associated with my procedure was common. Life went on and I learned to handle the pain. Then recently my pain increased, as well as other symptoms. I go to a new doctor have surger, and he says that 2 screws were basically chewing the tendon (in my ankle) to pieces, among pieces of bone in and around the joint. I feel that the previous doctor had no desire to fulfill his duties and did a poor job to begin with. In fact, my current doctor said that he would have never have placed those screws there. What do you recommend that I do?

Asked on June 12, 2015 under Malpractice Law, Oklahoma


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 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).

Prior to filing a lawsuit against the first doctor, it may be possible to settle the case with his malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include the medical bills, medical reports (especially the medical reports from the second doctor) 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 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 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.

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 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.

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