Any info on filing a malpractice suit?

Posted by wascaly @wascaly, Jun 30 2:54pm

I’m trying to decide if I should file a malpractice suit against an orthopedic surgeon. Does anyone have any info on where to start? I sure need to know if I even have a case before I spend a lot of money on a lawyer, just to be told it’s pointless.
dThanks in advance.

Interested in more discussions like this? Go to the Bones, Joints & Muscles Support Group.

I tried that in MN with medical malpractice attorneys. Wouldn't take the case because nothing can be proven after anterior total hip with leg tingling, numbness and pain/numbness going down to the foot. True or not, he said I'd have to reimburse Medicare as well. I just gave up and tell anyone my experience and not to go to this guy.

REPLY
@daisy22

I tried that in MN with medical malpractice attorneys. Wouldn't take the case because nothing can be proven after anterior total hip with leg tingling, numbness and pain/numbness going down to the foot. True or not, he said I'd have to reimburse Medicare as well. I just gave up and tell anyone my experience and not to go to this guy.

Jump to this post

I’m glad you told me about reimbursing Medicare. I hadn’t thought about that!
In Feb ‘23, I had a disastrous fall in the shower and broke my hip in 3 places. The surgeon did an open reduction internal fixation. The result was nothing less than disastrous. I now have one leg shorter than the other. My balance (which wasn’t good in the first place) is a nightmare now. I’m on a walker for what I assume will be he rest of my life. Any sense of mobility is gone forever.
Needless to say, I’m very angry. I didn’t know anything about this surgeon as far as his reputation or expertise. I’d been brought in to the ER late at night in severe pain, and never had the chance to do any type of research concerning ortho surgeons. And so, here I am.
This doctor later admitted to me, “I should’ve done a hip replacement.” I was livid.
There is no “fixing” what he did, so that’s why I was considering a lawsuit; however, after hearing I’d have to reimburse Medicare, I’m not so sure.
Thanks very much for your response.

REPLY

See a medical malpractice lawyer. You don't pay him a fee unless you win the case. Consultation is free.

REPLY

Sorry to hear about your injury.
Falls are very challenging to address, and they do significantly affect quality of life.

I would say continue to work with a provider whom you are comfortable with and keep moving forward.
You can significantly improve your symptoms.
As for the malpractice, I think you received some good advice.
Feel better!

REPLY
@wascaly

I’m glad you told me about reimbursing Medicare. I hadn’t thought about that!
In Feb ‘23, I had a disastrous fall in the shower and broke my hip in 3 places. The surgeon did an open reduction internal fixation. The result was nothing less than disastrous. I now have one leg shorter than the other. My balance (which wasn’t good in the first place) is a nightmare now. I’m on a walker for what I assume will be he rest of my life. Any sense of mobility is gone forever.
Needless to say, I’m very angry. I didn’t know anything about this surgeon as far as his reputation or expertise. I’d been brought in to the ER late at night in severe pain, and never had the chance to do any type of research concerning ortho surgeons. And so, here I am.
This doctor later admitted to me, “I should’ve done a hip replacement.” I was livid.
There is no “fixing” what he did, so that’s why I was considering a lawsuit; however, after hearing I’d have to reimburse Medicare, I’m not so sure.
Thanks very much for your response.

Jump to this post

You did not get paid by Medicare, therefore you would not owe them, the doctor would.

I was a medical biller for ten years and know that the person who got paid by medicare has to reimburse medicare not the patient.

I suggest that you find a good malpractice. Lawyer that won't charge you until the case is over in case you lose.But they probably won't take the case and let's the slam dunk. And
It sounds like it is.

I hope you do investigate this because it sounds like you had a pretty hard time. I hope everything goes well. God bless.

REPLY

I so appreciate your advice and I’m REALLY thankful you explained the way billing works - I really hadn’t connected those crucial dots, and am so glad YOU did!

I will definitely seek out a good malpractice lawyer; however, I don’t know how to determine who’s good and who’s not. I guess I have my work cut out for me.

I’m really trying to get accustomed to my total life change - easier said than done. At present, I’m also dealing with my husband who’s declining at an alarming rate with Altzheimers. Very true saying, when it rains, indeed, it does pour!

Thank you very much. May the Lord bless and keep you, as well.

REPLY

A medical malpractice attorney should be able to give you a 15-20 free consultation. While you’re interviewing them, they are interviewing you to see if there is enough information/facts to warrant moving forward with a lawsuit.

REPLY
Please sign in or register to post a reply.