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  1. #1

    Default How to Start Malpractice Case

    My question involves malpractice in the state of: FL

    I was hospitalized in September 2019. I am grateful for the care I received for the most part as I am alive. However, I have some issues that have me considering medical malpractice. I was in a teaching hospital. Not a problem since everyone needs to learn. None of the doctors on my case (gynecological) ever spoke with me regarding any part of the case other than to tell me I tested positive for HPV via the pap smear, and that I would need to return yearly for retesting. There were several biopsies performed which showed no malignant growth, simply bacteria. A D&C was performed while I was put under for laparoscopic procedure. I believe another procedure was also performed during that time. I signed the blanket consent papers for the laparoscopic procedure as well as a consent for a central line (IV in the jugular).

    I was told that there was no cancer by the doctor who did the biopsies. I was told about the D&C in passing by one of the medical students. The actual doctors spent less than 5 minutes daily with me and never gave me or my husband information. There were times when I was on pain medication which made me feel intoxicated, so they may have spoken to me at that time. I did sign paperwork allowing them to speak with my husband and share information with him.

    I am waiting on my records to be sent to me. I don't know if the doctors (multiple) failure to speak to me about procedures is legal. Is this part of malpractice? Like I said, I am grateful to be alive and well, but I am suffering other issues related to the treatments I believe they did. I am kind of angry that I was not informed as a part of my body was removed and none of them saw fit to tell me. This is causing strain in my marriage as well.

    I have never been a sue-happy person, but I feel right now that I was wronged just so the medical students could practice on me. Bedside manner was pretty crappy and the things that went on during the late night hours was reported to both my insurer and the hospital itself.

    What steps do I need to follow once I get the copies of my records?

    Thank you. I apologize for my rambline.

  2. #2
    Join Date
    Jul 2010
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    8,004

    Default Re: How to Start Malpractice Case

    Quote Quoting bndmommaostepmomma
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    What steps do I need to follow once I get the copies of my records?
    Take them to a med-mal attorney for a thorough review. The attorney is going to need to know what damages you have suffered to determine if the case is even worth pursuing.

    The D&C shouldn't have caused any permanent damage. Your post isn't entirely clear on whether you or your husband were told a D&C may/will occur during the laparoscopic procedure. You say you think something else was done but give no indication what it might have been. They may have found something that needed to be addressed by D&C while in there. What do you suspect was done?

    The bedside manner sounds like it wasn't great but that is not going to be any kind of malpractice. In my experience, they aren't going to go into any great detail about procedures unless asked. They will tell you beforehand what they are doing and tell you the results after they get them.

    What part of your body was removed? A D&C would not remove anything that doesn't normally grow back.

    It is possible that you were used as a guinea pig for students but improbable that it went beyond them performing any necessary procedures under the guidance of an experienced doctor. You said that this is causing issues in your marriage, have you and your husband done any kind of counseling to work through it?
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  3. #3
    Join Date
    Mar 2013
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    18,309

    Default Re: How to Start Malpractice Case

    Quote Quoting bndmommaostepmomma
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    What steps do I need to follow once I get the copies of my records?
    Once you get the records, make duplicates and take them to a gynecologist of your choosing. One you are comfortable with and who is willing to take the time that you need for discussion. Have a thorough examination to find out what was done and whether anything still needs to be done.

  4. #4
    Join Date
    Jun 2014
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    3,210

    Default Re: How to Start Malpractice Case

    Since you went to a teaching hospital. it is possible you signed a statement agreeing not to sue if mistakes were made. Have you seen your regular gynecologist to discuss any new problems and concerns ?

  5. #5
    Join Date
    Oct 2014
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    Default Re: How to Start Malpractice Case

    Quote Quoting Mercy&Grace
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    Since you went to a teaching hospital it is possible you signed a statement agreeing not to sue if mistakes were made.
    That sort of waiver, if there was one, is likely unenforceable.

  6. #6
    Join Date
    Jun 2014
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    Default Re: How to Start Malpractice Case

    Quote Quoting Taxing Matters
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    That sort of waiver, if there was one, is likely unenforceable.
    It seems a much higher level.of harm done is required if/when a suit does go forward..

  7. #7
    Join Date
    Oct 2014
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    Default Re: How to Start Malpractice Case

    Quote Quoting Mercy&Grace
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    It seems a much higher level.of harm done is required if/when a suit does go forward..
    The waiver first has to enforceable. In Florida, that requires that the waiver be very clear was to exactly what it is that the patient is waiving and it needs to be clearly presented in the contract for the patient to actually see it and know he or she is agreeing to that waiver (e.g. burying the waiver in the back of the contract in a much smaller font size is likely to be a problem even if well written). These kinds of waivers are disfavored in the law because it may encourage persons to act without the necessary degree of care, so the Florida courts look at them very closely and will chuck them out if the language is at all ambiguous or not clearly presented. Even if the waiver is good, it can only relieve the doctor of liability for ordinary negligence, not intentional or reckless conduct.

  8. #8
    Join Date
    Jun 2014
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    3,210

    Default Re: How to Start Malpractice Case

    Unfortunately, it is common for patients to not pay much attention to what they sign when admitted or prior to surgery. In addition, if patients do not sign them. the hospital will not operate on the patient. Which often puts some patients in a awkward position.

  9. #9
    Join Date
    Nov 2019
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    20

    Default Re: How to Start Malpractice Case

    I was told that there was no cancer by the doctor who did the biopsies. I was told about the D&C in passing by one of the medical students. The actual doctors spent less than 5 minutes daily with me and never gave me or my husband information. There were times when I was on pain medication which made me feel intoxicated, so they may have spoken to me at that time. I did sign paperwork allowing them to speak with my husband and share information with him.Tutuapp 9Apps ShowBox

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