My son was born with a genetic blood disorder and had to have is spleen removed at the age of 7. He takes amoxicillin everyday to fight infections off. He had surgery on his ear to patch a hole in his ear drum. The doctor had made a Rx for antibiotics, but told us not to give it to him when I questioned him about the fact as to whether to discontinue his current Rx for amoxicillin so that he may take the Rx that doctor had prescribed. Three days later he was back in the hospital with a staph infection that was metacillin resistant. Now the doctors are saying that he will need another surgery to repair the hole because the first surgery did not take due to the infection. He also suffers with hearing loss in that ear that was not efident before the surgery. What I am trying to decide is if there is enough damage in a lawyers or a doctors eyes to say that my son has suffered a loss. I know that he has and I have because of the emotional strain of having to go through another surgery.
The doctor was told of my sons condition and about his current use of the Rx and he basically admitted to me that my son had probally picked up the infection at the hospital. Should he be held liable for not Rx him an antibiotic that was stronger. He did not even remember that my son was taking medication until I brought it up to him in post opt. The consulting doctor was not even the one who did the surgery it was his associate. By the was I am getting my son seen at a different hospital where they know of his medical condition. I am not going to let the same doc do another surgery when he messed up and did not Rx a better medication. My son is scared to death and so am I.Then antother surgery may not even take. The first one should have done the job, according to the doc. he had done many and they worked, but he did not do the surgery. This was a routine surgery that turned out to be not so routine. I do not understand why he did not speak with my sons regular doc to be sure.
RT
Your son has suffered a loss but NOT because of the Doctor!!
CGordo
There is no way anyone can tell you in this forum. Please find an attorney who specializes in medical malpractice. He or she will want to review the medical records or have an MD or specialist review them, as well. The attorney, if he or she decides to accept your case, will tell you their policy about costs and fees as well as what their fee will be. Some do charge out of pocket costs (such as the review of medical records).
I am sorry for the problems with your son but please, go ahead and pursue it with an attorney who can tell you more specifically. The initial consultation should be free.
Barry C
Your son has several related and complex medical issues. I am sorry for that.
But of course you know from the first doctor (spleen) that nay infections requiring antibiotics, or other need of antibiotics, is going to complicate the first condition.
I assume you discussed ths with the doctor before the second surgery - and that you were informed, and probably signed an informed consent form, that you understood the risks.
I am sure the 2nd doctor did his best to mitigate the risks, but risks are risks 0- that means that sometimes despite best and proper efforts, they still happen.
Instead of asking lawyers for medical opinions, how about getting your son's ear fixed, and then seek out an independent medical 2nd opinion on of the treatment was sufficient or not?
Susie D
If your son is on daily antibiotics I am not surprised that he has a cillin resistant staph infection - he is likely colonized from the chronic antibiotic use. (Colonized meaning you would likely find it in his axilla, groin, and nares if you cultured him.)
You are in a medical grey area as infection is a known risk of any procedure - and considering his history and infection was a highly likely possibility. I would suggest consulting with a lawyer - but the reality is that unless you can find a doctor to say it was negligence you are really out of luck.
Sounds like just an unfortunate complication.
michr
infection is an acknowledged risk of any surgery and you signed a statement in that regard before the surgery was done. was there negligence hard to say by what you have written. you need to request a copy of all your sons medical records from the hospital and contact an attorney. without seeing the records their is no way anyone can give you an answer as to if there was negligence in this case. your sons prior conditions may very well preclude any legal action but you need to find out. do not have a lawyer get the records do it yourself and be sure you request everything also make the same request to each doctor who was assisting and the anesthesiologist just in case they have files in their offices as well as the hospital. by getting them yourself (for your records)you most likely will not be charged a copying fee and you need to have these records for future refrence for your sons medical needs, this will save you time in an emergency if they needed to know about previous conditions, allergies, infections and care.
Orignal From: Is is medical malpractice?
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