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Medical Malpractice...

Anonymous
Posted by Anonymous
  • 62 Replies

Little bit of backstory:

DS1 broke his arm (actually, the radius and the ulna) on March 15.  A long arm cast was put on March 16th.  The dr removed the cast on April 6, saying the bones had enough callous on them to go cast-free after only 3 weeks.

Here we are, a few short weeks later... and DS1 broke his arm AGAIN.  Same bones, SAME SPOTS.  The ER dr pulled the xray from the ortho's office (I got to see it) and said "Wow... that cast shouldn't have been taken off so soon..." - the bones were where they were supposed to be, but you could still see the gap between them.  They were nowhere near healed. 

Here's my thing... Should I file a malpractice suit against the ortho who removed the cast too early?  It's my thinking that if the cast had stayed on, the arm would've had more time to heal, therefore simply falling and catching ones self SHOULDN'T have resulted in the severe break that we have now.  This time around, his xray looked like pick-up sticks.  When they held his arm upright to splint it, his arm kinda folded over like soggy bread.  I am devastated.  The procedure to manipulate the bones back into position should only take 15-20 min... it took over an hour.  He had to be sedated TWICE - and he still may need surgery (we will find out on Monday). 

I'm not sure if we want any monetary compensation - I just want this ortho to know he made a mistake, and I really believe he owes my son an apology.

Posted by Anonymous on May. 4, 2012 at 10:00 PM
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Replies (1-10):
skittlebeans88
by Platinum Member on May. 4, 2012 at 10:01 PM
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I would. That's horrible. I can't even imagine the amount of pain your son was in. :(
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Anonymous
by Anonymous - Original Poster on May. 4, 2012 at 10:03 PM

Thanks.  He still is in a great deal of pain.  It took him forever to wake up from sedation - because they had to give him more when he came to during the manipulation.  I am so livid right now.

Quoting skittlebeans88:

I would. That's horrible. I can't even imagine the amount of pain your son was in. :(


skittlebeans88
by Platinum Member on May. 4, 2012 at 10:04 PM
bump
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Mrs.Miller11
by on May. 4, 2012 at 10:07 PM

No you do not have a malpractice law suite on your hands. As with ALL medical procedures, there is a risk. Your childs doctor did not maliciously hurt him, he was not negligent, he did not purposely intend for him to get injured again. The second injury was your sons fault. The doctor was doing what he thought was the best for the situation.

Anonymous
by Anonymous - Original Poster on May. 4, 2012 at 10:07 PM

Hmmm, considering a title change.  I wonder what will bring 'em in tonight?

ButterMeUp
by Butters on May. 4, 2012 at 10:10 PM

 I would make him pay the doctors bills. Also be aware your son could have problems for life. My 2nd oldest cousin was in a similar situation. He is 30 and still has times when his arm hurts to bad he needs a sling. He works for himself as an artist and doesn't need that arm/hand much but if he did he would be screwed!

Make sure to get his arm really cheacked out before you sue. I dont think you can resue if something else happends to his arm down the line.

Funny Pictures - Cat Gifs

ColieO
by Ruby Member on May. 4, 2012 at 10:12 PM
1 mom liked this
He WAS negligent for not looking over the xrays more thoroughly and pronouncing him healed when it wasn't.

Quoting Mrs.Miller11:

No you do not have a malpractice law suite on your hands. As with ALL medical procedures, there is a risk. Your childs doctor did not maliciously hurt him, he was not negligent, he did not purposely intend for him to get injured again. The second injury was your sons fault. The doctor was doing what he thought was the best for the situation.

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Mychele
by Ruby Member on May. 4, 2012 at 10:12 PM
1 mom liked this
Call a malpractice atty. they will give you an opinion.
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jas_momof2
by Platinum Member on May. 4, 2012 at 10:15 PM

It depends on the age - adults take longer to heal than kids.  The average (according to google) for a kid to be in a cast is 3 to 8 weeks...  So him taking it off at three is plausable...

Anonymous
by Anonymous - Original Poster on May. 4, 2012 at 10:30 PM

Medical negligence is the act or omission in treatment of a patient by a medical professional, which deviates from the accepted medical standard of care.

By this definition, yes, it is negligence.  Standard of care is 4-6 weeks, or more depending on the severity of the break.  The cast was removed at three weeks.  The doctor said his arm was healed enough - however upon viewing the xrays taken at that appointment (the same ones he saw) there was no way he should have been out of the cast yet. 

He was also never scheduled (it was never discussed) a follow-up after the cast was removed.  We literally saw that ortho twice.  The day the cast went on, and the day the cast came off.  Also, if the second injury was my son's fault... have you ever fallen, and caught yourself with your hands?  Did it cause your bones to completely snap and lay over each other at 90 degree angles?  Do you think it's pure coincidence that the breaks are in the exact same location as the previous breaks?  Those are more generalized "you"s btw, I don't mean "you" personally.  I honestly believe that if the cast had stayed on for the recommended 6 weeks, and this fall were to occur, that the re-breaks would not have been so severe, if they would have happened at all.

Quoting Mrs.Miller11:

No you do not have a malpractice law suite on your hands. As with ALL medical procedures, there is a risk. Your childs doctor did not maliciously hurt him, he was not negligent, he did not purposely intend for him to get injured again. The second injury was your sons fault. The doctor was doing what he thought was the best for the situation.


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