Do I have a case if the doctor did not give me the right pot-op treatment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have a case if the doctor did not give me the right pot-op treatment?
I had surgery to repair my Achilles tendon. When my cast was removed, the doctor gave me a walking boot. I was supposed to wear a soft cast for 2 more weeks but he said the incision looked so good, that I could go straight into the boot. By the 2nd follow up, my incision had an opening. Long story short, after a 2nd surgery and several visits I finally saw a wound doctor yesterday (over 4 months later). I have a wound that I have to pack because it is so deep.
Asked on April 17, 2014 under Malpractice Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If the treatment was actually negligent, or careless--that is, did not rise to the level of accepted medical treatment--then it may have been malpractice. If that is the case, then you may be able to recover your additional medical expenses (out of pocket costs) caused by it; pain and suffering, for a period of living with significant pain and/or disability; and possibly lost wages, if you can't work for a time.
However, the mere fact that the post-op treatment did not work for you does *not* automatically make it malpractice: if a reasonably physician would have made that same determination and offered the same treatment, then the fact that it had a bad outcome does not result in liability. Doctors are only liable to the extent their advice was unreasonable, careless, sloppy, not in keeping with current standards for care, etc.--the law accepts, however, that sometimes even the best medical care does not work out.
As a lay person, you are probably not in a good position to determine if this may have been malpractice or not. You should consult with a medical malpractice attorney (many of whom offer a free initial consultation; you should verify this before coming into the office), who can advise you as to whether you may have a case, what it may be worth, how strong it is, and also the cost to pursue the case.
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.