How to deal with malpractice?

Posted by 70sfamily | 1:59:00 PM


I was getting medical treatment paying 100% cash without insurance. I was instructed to take medications on the wrong dates and wrong combinations. I found out by getting 2nd and 3rd opinions after doing online research which raised my suspicions. I requested a copy of my medical records and I can see in a different handwriting instructions to take pill the correct way as if it was later added in. Should I call the doctor tomorrow and talk to him about it? What if he denies it? This has caused me grow a large benign cyst that will require surgery (which I can't afford) that will continue to grow and cause more pain and discomfort, also caused me not to conceive for expensive artificial insemination treatment I paid 100% out of pocket for. Who am I supposed to complain about this? I was (mis)treated at a fertility clinic not a hospital.
I just got my med records yesterday and saw the different date in it. Should I at least call the doctor to discuss it with him first? Also, after the insemination, a different doctor's nurse called and told me to start taking the pills in 2 days and I told her I had already been taking them for a week per xyz nurse's instructions. She said ok, then continue taking them.

Stuart
You have two issues here: first is the alleged mistreatment, which is open to interpretation. That means that you'd have to convince a jury that the treatment you received was 1) harmful 2) intentional and 3) done knowingly.

The second issue is the alleged cover up of the mistreatment by modifying your medical record. Again, you'd have to convince a jury that the record was modified with criminal intent.

I see a hard road to making both of these elements stick, but if you're convinced that you can win, see a lawyer and explore your options.

Sometimes, though, medical procedures don't work the way they're supposed to.

Good luck.

- Stuart

PooPooLaTrash
Make an appointment with an attorney and take your medical records. Get an informed opinion based on the circumstances of your case. We can speculate and say, "Yes you have a case" or "No, you have no case", but only an attorney familiar with malpractice law who practices in your state of residence can reliably tell you what you are facing and whether or not any legal action would have merit or be successful. You would have to do this eventually anyway if you are contemplating legal action, because it would be very ill advised to attempt to represent yourself in malpractice litigation.

Answerz Guy
I recommend speaking to an attorney specializing in personal injury and malpractice as soon as possible. DO NOT complain directly to the doctor or the medical practice or hospital employing him as this will only ensure they are well prepared to defend again a possible malpractice suit from you. Let the attorney determine if you have a case and use his legal authorities to obtain the necessary records to prove it. Many personal injury attorneys provide free consultations and some may even be willing to work on contingency (you don't pay him unless you win).

You absolutely will not have a case without an attorney representing you.

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