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Mom Confessions Mom Confessions

Medical Malpractice...

Posted by Anonymous   + Show Post

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
Replies (31-40):
Anonymous
by Anonymous 3 on May. 5, 2012 at 9:09 AM
If the bone was truly healed it is rare to have a second break in the same location due to the new calcification and mineralization of the newly formed bone. It's stronger than the old. Not to renting removal of the cast at 3 weeks after the type of break described is pretty early.
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Anonymous
by Anonymous 3 on May. 5, 2012 at 9:16 AM
Most orthopods read their own films shot in their own office. Films likely shot by an MA or nurse. Definitely not reviewed or read by a Radiologist.

Quoting Elyce225:

I don't think you would have a case.  I'm sure the Dr that took the cast off could prove that he thought it was fine at that time.  I'm sure you signed paperwork too that let you know the risks that come along with any medical procedure.

If you do try to sue, the Ortho will have a radiologist back him on the callous findings, that is probably what happened in the first place anyway.  ER doctors are not radiologist and do not specialize in bones.  

If you go to court and you have an ER doctor vs. an Ortho and a Radiologist they will laugh at you.  You should just pay your lawyer to lose now.  The lawyer will laugh all the way to the bank.

ETA:  Negligent would be not putting the cast on at all or waiting too long to put the cast on, not taking it off too soon.

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ihave1
by Platinum Member on May. 5, 2012 at 9:18 AM
My arm is killing me where I broke a few summer ago. Im so sorry this hppen, I would be talking to my lawyer about this.
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sammygrl77
by on May. 5, 2012 at 9:20 AM
The defense will have a radiologist as an expert witness. Whether or not a radiologist looked at the original xray at that time.

Every expert witness has a counter expert witness.


Quoting Anonymous:

Most orthopods read their own films shot in their own office. Films likely shot by an MA or nurse. Definitely not reviewed or read by a Radiologist.



Quoting Elyce225:

I don't think you would have a case.  I'm sure the Dr that took the cast off could prove that he thought it was fine at that time.  I'm sure you signed paperwork too that let you know the risks that come along with any medical procedure.

If you do try to sue, the Ortho will have a radiologist back him on the callous findings, that is probably what happened in the first place anyway.  ER doctors are not radiologist and do not specialize in bones.  

If you go to court and you have an ER doctor vs. an Ortho and a Radiologist they will laugh at you.  You should just pay your lawyer to lose now.  The lawyer will laugh all the way to the bank.

ETA:  Negligent would be not putting the cast on at all or waiting too long to put the cast on, not taking it off too soon.


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mommy_me
by ~The Three B's~ on May. 5, 2012 at 9:20 AM

 poor boy, im sorry mama

Anonymous
by Anonymous 4 on May. 5, 2012 at 9:22 AM
Every X-ray / cat / or other scan I or my dd ever had were never commented on by the radiologist. If you asked them they'd tell you the doctor will talk with you.

Quoting Anonymous:

Most orthopods read their own films shot in their own office. Films likely shot by an MA or nurse. Definitely not reviewed or read by a Radiologist.



Quoting Elyce225:

I don't think you would have a case.  I'm sure the Dr that took the cast off could prove that he thought it was fine at that time.  I'm sure you signed paperwork too that let you know the risks that come along with any medical procedure.

If you do try to sue, the Ortho will have a radiologist back him on the callous findings, that is probably what happened in the first place anyway.  ER doctors are not radiologist and do not specialize in bones.  

If you go to court and you have an ER doctor vs. an Ortho and a Radiologist they will laugh at you.  You should just pay your lawyer to lose now.  The lawyer will laugh all the way to the bank.

ETA:  Negligent would be not putting the cast on at all or waiting too long to put the cast on, not taking it off too soon.

Anonymous
by Anonymous 4 on May. 5, 2012 at 9:24 AM
I think you should file a complaint not sue. However the lady with the anesthesiologist who fucked up - I would have sued her ass. You don't show up intoxicated to work a job like that.
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slransde
by on May. 5, 2012 at 9:26 AM
Yes, at least to get the extra medical bills covered. Hospitals settle a lot rif it's not outrageous demands.
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Anonymous
by Anonymous - Original Poster on May. 5, 2012 at 9:40 AM

The shots are with the new ortho.  The hospital had to transfer us to a different hospital because the oncall ortho was the one who treated DS1 the first time.  I'll be discussing all of this with him on Monday.

Quoting Anonymous:

It sounds pretty negligent to me, as a health care provider.

Op- I'd take those films to another ortho for second opinion. I asume you won't be using he same orthopod to treat this.

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.


brettsmomma
by ~Tammie~ on May. 5, 2012 at 9:42 AM

 I sued a dr in a malpractive case once. We won but it took seven freaking years to collect.




 

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