Can I sue?
My foot Dr. told me he could save my infected foot. For 5 months he told me this. He did 4 different surgeries during this timeframe. I got sicker and sicker. I lost 75 lbs. due to him giving me false hope, that he could save me. In January, I went into convulsions at home and my 12 year old daughter bravely called 911, and I was rushed to another hospital, that my Dr. didnt have access to. After 3 days, A dr. came to me and told me that my only hope was amputation of the foot, which had started disentigrating from infection. I said o.k. and the next day they did the amputation, just below the knee. I was toxic prior to this, my skin was grey. And post surgery, I was no longer sick, I could breathe again. My appetite came back, and was healthy, almost immediately! Since then I received a prostetic leg, and have fully recovered. But my question now is can I sue my Dr. who kept telling me there was hope when there was not, for neglect?
Answer:
There probably WAS hope when he said that.
He took steps. He tried. They didn't work.
You don't get to sue JUST because he gave you hope that turned out to be false.
Edit according to your info:
Then it certainly seems that yours tried everything he could whe, by what you just said, had that other Doc been yours you would've lost if 4 moths before.
EDIT 2:
It could simply be the result of a difference in treatment. It is worth investigating, but the only way it's neglect is if, according to your records he had no reasonable expectation that he could cure you. That he knew (or should have known) the leg would have to come off, but left it there anyway.
You can sue for just about anything. Winning is another rmatter. I would suggest consulting your local bar association and finding a lawyer . Sit down and explain all the details to him. The first consultation is usually free.
In order to sue, you need to prove neglect. The doctor was trying to save your foot. I don;t know about you, but if there was any chance in hell that foot could have been saved, I would take it. You would have to get the second doctor to say that the other doctor was wrong, but since he didn;t look at your foot whn this whole thing started, he won;t say that.
You have no case.
I would first contact an injury or malpractice lawyer. then find out what made your infection and the odds of a mis-diagnosis, if the odds are in your favor then you might have a case. your odds of winning lessen if its a non common illness. your lawyer will help you get the answers and keep you informed during this process.. and until then find all documents when you first got sick till now , Good Luck!
I agree about getting a free consultation from an attorney. Make sure they specialize in your type of case. My cousin had a doctor remove the wrong rib, and didn't notice until 6 months later on a follow up visit. The surgery was extremely painful for her, and they were removing it because they thought it had a cancerous mass on it. Thank god it wasn't cancer since it sat in her for another 6 months. They then removed the correct rib, but since there were two missing ribs in a row, they had to insert a prosthetic rib because the gap would have been too big. More pain. She was awarded only about $150,000. There is a cap on suing a Dr. (unless they find very gross neglegence) But it was better than nothing. Good luck with it, and with the new leg.
In order to win such a lawsuit, you need to prove that the doctor grossly neglected his duties, and should have known that what he did was wrong but did it anyway. You can't sue him just because he screwed up. The burden of proof would be on YOU to show that he acted in bad faith. I have my doubts if this would be successful, but go ahead and consult a lawyer anyway like people said.
You'd have to prove neglect or intentional fraud, and you might be able to do that if he misdiagnosed you and made it worse by treating you based on a bad diagnosis. Most personal injury and medical malpractice attorneys will at least give you a free consultation, and many work on a contingency (they don't get paid until you get a settlement or an award). Contact a medical malpractice attorney in your area.
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