medical malpractice?
I went into the hospital to have day surgery and the doctor made a mistake and ended up needing to repeat the surgery. He messed up again and needed to call in a different surgeon which had to perform emergency surgery to fix the other doctors' mistake because it punctured a pancreatic cyst and the acid ate through my pancreas. If the acid went on any other organ, I would have died. I was in the hospital for two weeks and was out of school for six weeks. I barely passed each class (I was a very good student before this) and now my GPA is so low (2.4), I am afraid I wont be able to get into a good school and be successful. What are my rights? What can I do?
Public Comments
- I don't know much about it, but to me it sounds like you could definately sue him.
- you need a lawyer, a good one that wants to win,not just show up
- You should definitely try to contact a lawyer about this. I don't see how, if you were a good student, having a semester of "C" grades would cause your overall GPA to fall that low. I do think you should point out your medical situation to any school that you are interested in, and you may be able to make up some of that on your SAT or ACT testing. Such damages would probably be speculative, I would focus on any health problems or risks created by your pancreatic damage plus additional medical care and expenses, etc. Dana (attorney)
- Two things: First, a lot depends upon what state you are in. For instance, in Louisiana, medical malpractice lawsuits must first go to a state medical review board that determines whether you have a legitimate grievance; it is rather conservative. In Texas, it is far more liberal and easieer to initiate a lawsuit. Second, the biggest factor has to do with whether the doctor was negligent. Honestly, we're getting only your half of the story. If there was negligence, you potentially have a case. In many instances, if there was truly negligence, the doctor & hospital would likely settle out of court. As to potential damages, that is based on actual damages (medical bills & lost wages) and non-economic damages ("pain and suffering"). In some instances, maybe even punitive damages. You can't sue for grades or for what "almost happened."
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