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 Post subject: Anyone here familiar with medical malpractice laws?
PostPosted: Tue Apr 30, 2019 10:52 am 
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Joined: Thu Oct 22, 2015 2:55 pm
Posts: 2434
I'm trying to see what the standards are for filing a suit. I know fighting is expensive as hell, so it's not something I want to jump into, and I'm sure I'll need more digging on my end as well. But here's the story:


My dad is 80 years old. Been a laborer all his life, even into retirement as he never really stopped working. He began having a lot of back pain to where he was almost immobilized. So he had a bunch of of doctor's visits in Johnstown, and also bounced around out here in Pittsburgh. He tried nerve treatment, including deadening some minor nerves to attempt to relieve some of the pain, as well as PT and some other things.

After none of that worked, they finally came to the conclusion that they needed to do a spinal fusion.

Which they did.

After the surgery, he was recovering and going through his PT. However, he was still in a lot of pain. I never asked him to specifically compare it to the pain he was feeling before the surgery, but as far as I could tell, it looked worse. After a couple days post-surgery and the pain not getting any better, we began nagging the doctor, insisting he get looked at again. Finally, the doctor in Johnstown told him to come in, at which point they put him in an ambulance and sent him out to Pittsburgh again for exploratory surgery.

They did the exploratory surgery and found bone fragments that weren't removed during the spinal fusion. They packed him up and sent him back home to Johnstown with the expectation that he'd be better.

He wasn't.

He's been in excruciating pain even since (going on two weeks now). They gave him pain meds, and he basically sleeps all day. When he isn't, he's in so much pain he can barely move. The Johnstown doctor has a theory that the leftover bone fragments damaged a major nerve in his lower back and leg, causing the pain.

My dad is currently sitting in a room in Allegheny Hospital for the third time in 3 weeks, while they once again run more tests on him.

So, part of the post was me venting because, frankly, I'm emotionally exhausted and ready to snap.

The other part was me wondering if there's any grounds for malpractice in that, particularly with the leftover bone fragments potentially causing permanent nerve damage.

Any input would be much appreciated.


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 Post subject: Re: Anyone here familiar with medical malpractice laws?
PostPosted: Thu May 02, 2019 2:11 pm 
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Posts: 951
Any legal advice an attorney would give you here would expose him or her to liability for malpractice and through the Disciplinary Board. As such, I am reluctant to give you advice other than this:

Contact a personal injury/med-mal attorney. They will give you a free consultation, listen to the facts of the case, and make a subsequent recommendation on the best course of action. Most attorneys in this area of law offer contingency agreements and do not charge an hourly rate ("There's no fee unless we get money for you!"). Here is a link to the Allegheny County Bar Association's lawyer referral service: http://www.acba.org/Find-Pittsburgh-Lawyer

Other than being exposed to liability, there are so many factors at play that could affect any advice I might provide. That's why I think it is essential that you speak with an attorney in person and proceed from there. As I said, in almost all cases, the initial consultation is free.

(This is not legal advice.)

On a personal note, I am very sorry to hear about your father's troubles. I wish him a speedy recovery and hope this matter is resolved to your and his satisfaction.


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 Post subject: Re: Anyone here familiar with medical malpractice laws?
PostPosted: Thu May 02, 2019 2:25 pm 
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Joined: Thu Oct 22, 2015 2:55 pm
Posts: 2434
Laying the Wood wrote:
Any legal advice an attorney would give you here would expose him or her to liability for malpractice and through the Disciplinary Board. As such, I am reluctant to give you advice other than this:

Contact a personal injury/med-mal attorney. They will give you a free consultation, listen to the facts of the case, and make a subsequent recommendation on the best course of action. Most attorneys in this area of law offer contingency agreements and do not charge an hourly rate ("There's no fee unless we get money for you!"). Here is a link to the Allegheny County Bar Association's lawyer referral service: http://www.acba.org/Find-Pittsburgh-Lawyer

Other than being exposed to liability, there are so many factors at play that could affect any advice I might provide. That's why I think it is essential that you speak with an attorney in person and proceed from there. As I said, in almost all cases, the initial consultation is free.

(This is not legal advice.)

On a personal note, I am very sorry to hear about your father's troubles. I wish him a speedy recovery and hope this matter is resolved to your and his satisfaction.


Understood and appreciate it, man.


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 Post subject: Re: Anyone here familiar with medical malpractice laws?
PostPosted: Thu May 02, 2019 2:50 pm 
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Joined: Wed Jul 09, 2014 6:18 pm
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Location: Youngstown, Ohio
Good luck. The doctors usually cover for one another.it already sounds like they are blaming the other for the problem. Almost every patient that I've had that has had any spinal surgeries have problems. One guy had a kyphoplasty done. He had no relief after the surgery and was unable to walk 2 days after. Try to find a good attorney that specializes in medical malpractice.


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 Post subject: Re: Anyone here familiar with medical malpractice laws?
PostPosted: Mon May 06, 2019 9:42 am 
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Joined: Thu Oct 22, 2015 2:55 pm
Posts: 2434
Stlcrtn1974 wrote:
Good luck. The doctors usually cover for one another.it already sounds like they are blaming the other for the problem. Almost every patient that I've had that has had any spinal surgeries have problems. One guy had a kyphoplasty done. He had no relief after the surgery and was unable to walk 2 days after. Try to find a good attorney that specializes in medical malpractice.


Yeah, it's pretty terrible, honestly. I know it'd be a miracle to actually get any kind of money for this. My dad went into this trying to alleviate some back pain, and now he's talking about getting an electric wheelchair just so he can get around.

Their latest theory is that the leftover bone fragments stretched a nerve, potentially causing long term or even permanent damage.

I'm so fed up with it.


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