had shoulder surgery 2004, jan 05 dr. stated i was manifesting my symptoms?
by Techdude on Sunday, August 15th, 2010 | 6 Comments
feb 05 another orthopedic located 2 tears in shoulder and recommended i get them repaired. april 2007 i finally had surgery to repair my shoulder and will be off work for 6-8 months. my original dr did not diagnose or treat my shoulder after i complained i was still having problems. did he deviate from the standard of care? my case has been in court system 14 months now. they say i have to have an expert to say my dr. breached standard of care. the defense counsel wants to use the dr i am suing for their expert witness. can i also use him as my expert witness?
If you can x-question him, I’d get in a different expert instead to highlight the deviance from care.
I doubt this is what you want to hear, but from your “reader’s digest” version of your story, here is what I get: In terms of liability – to the extent that one (your first doctor) can be sued – a MISSED diagnosis is harder to prosecute as opposed to a MIS-diagnosis. Either way, hope you feel better soon. GL.
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YOUCH! – just re-read what you wrote….. WHY (?!?!?!?) would you consider using *their* expert witness as your own? As as “expert” – whether a justified label or not – he WILL be partial to one side of this argument…..which side do you think he will take?
not likely , 6 to 8 months , you serious, I had the same surgery
didn’t take that long.
I’m sure there’s a lot more to this – it sounds very complicated.
There’s no way, without reviewing all the documentation and testimony so far, to be able to say whether or not you have a case. Lawyers pursue cases that have the potential of large payouts, not necessarily only cases they can win.
You should NEVER use the defense counsel’s expert witness as your own! Hopefully your lawyer has explained this to you.
I don’t think he would accept the offer . But Your lawyer can get one that will contradict everything He says. Expert witnesses make big money by testifying anyway you want or need them to go.
To have a successful medical negligence or malpractice claim there has to be permanent damage, if there was not permanent damage you may not be able recover any damages. Also, from the delay in you not having surgery for another year following diagnosis it could also prove detrimental to your case. I hope you have a lot of money to gamble with on this.
Also Tony you may want to inform people that you are representing yourself, this is pertinent information to getting accurate answers.