My question involves malpractice in the state of: Oklahoma
I know this is a long post but if you could please be so kind to read it so I can get a little advise I would really appreciate it. This post has to be long in order to get all the details of the malpractice assumption if it is a malpractice case.
I have an issue where I received a hip replacement due to the suggestion of the surgeon, to having hip replaced will fix the issues I was having. This surgeon is the one that performed the surgery on my hip. All of these things apply: PCP suggested to see surgeon, the surgeon never asked for medical records, he suggested the surgery.
I was not given any steroid shots prior to surgery, as well as not ordering MRI of hip. These are all standard of care and good practices and also he did not suggest a second opinion by another doctor.
I have many many problems with the hip now, 6 1/2 months ago that I never had before: my leg can't be raised in a sitting up position, I have been told by another dr that my leg was an inch longer than the other, I have had extreme pain in the front of the tendon, surgeon never checked the incision site after the first two post op visits, he didn't look at the length and just threw out the diagnosis of tendonitis of the hip. Suffered about 3 months with no relief on account that the surgeon didn't care enough to take me seriously, he had prescribed me medications there were 2 kinds of prescriptions prescribed to me, both had different names but apparently they were the same medication I told him that I had been taking both as well as Tylenol and ibuprophen to try to get some relief. He kind of had a worried look on his face and said I should only take one of the prescribed meds and only take Tylenol with it. I have now learned that it could have caused severe bleeding. I have a scar about an inch lower than where it's supposed to be, I have nerve damage, I have a bulge right under the scar, I hear creaking and squeaking noises coming from my hip, and it is obvious that I have a huge leg discrepancy because it looks as though I'm stepping up and down when walking. This was all caused due to the negligence of this surgeon and lack of ethics to concern himself after the surgery was performed, I have never spent more than five minutes in the office with him during any of my post op visits. He never asked to look at the leg discrepancy which would have been very easily seen and due to him not checking this I believe that the bone has grown into the implant making this even more difficult to fix. The doctor should have at the very least made sure that I was getting the best treatment for the surgery to be viable or necessary to my symptoms. I am having an increase of pain in the leg and I'm afraid that because I got a bikini anterior surgery he may have cut through muscle when this is supposed to be a muscle preserving technique by the surgeon having the ability to spread the two muscles apart because they are not attached to eachother. I am in more pain after this surgery than I have had prior to it. To top all of this off I am now suffering from worsened anxiety, depression, and insomnia, as well as my losing hair because of the worrying and stress of all of this I have spots of missing hair. I am only 44 years old and can't have sex the way I used to, can't pick up things off the floor, can't do squats, can't raise leg and I have now had to be on a cpap machine because I am not getting a good nights sleep when I am able to sleep. All of this mental stuff was managed prior to this surgery and the way the doctor handled it. I am feeling the doctor does not care enough about me to even look at what might be wrong with me. His misconduct has permanently scarred and disfigured me and I don't know how it's going to be fixed because now we have had to file bankruptcy because I have not been able to work since the surgery. We have gotten so far behind on the mortgage that we had to borrow 15 k to pay what we owed on it. And now we're getting behind again so we now have to let the house go. The doctor has a device that turns the leg in different positions and would also aid in the signs of one leg being longer than the other. And since I was able to be faced up this was easily able to be caught soon enough before he sewed me up. He was also be relying on X-rays during the procedure which would have been able to see the difference in femur. All of this could have been avoided if he double checked his work. He says the tendonitis is common after hip surgery. Now I have read it's not a common occurrence. I am not sure if the dr cut through muscle but it Sure seems like it with the way my leg has a bulge there. I am under so much stress from what I have found out after having another specialist look at me, and I am terribly afraid of having to undergo another surgery because the first surgeon made the problem worse. In sure it is possibly more difficult than the first total hip replacement. The specialist said the discrepancy of leg length is "way not right" and said the tendon pain may have been caused by the leg being longer now. She looked at the incision site and said she has no clue why the bulged muscle is there or what it is. And she was able to see the difference in length just by laying me on a table and looking at it. My back is now starting to hurt because of having to accommodate the position when I walk. I wake up in the morning and as soon as I get out of bed I instantly feel like I'm dizzy and going to fall over. These are only some of the things and I just can't think of what else now.
I'm very upset because this surgery was supposed to make me better at least allow me to have pain free sex and range of motion and able to work. The now being able to work is probably the most devistating thus far as now we are going to lose our house. I have 5 girls at home and don't have a clue where we will be able to find a house our size for as much as we have paid for this one. This house is in Choctaw, OK and it is a 6 bedroom 3 bathroom home, on 2 1/3 acres. Furniture will be taken away because we have had to finance the furniture.
I am totally irate at this doctor for not being more detailed in his research to find out if I even needed a surgery to begin with. As to his not being truthful, he has stated that I walked with a gait before the surgery when that was not true at all. This seems like he is submitting information that never occurred. He is also omitting conversations that did take place. And failed to discuss anything in length during those visits. He has stated that he discussed my X-rays in great detail with me, yet I have not seen them but one time after the surgery. He also stated that history was reviewed before the surgery. How could this be possible if he didn't request any? I had 2 proscedures a long time before this surgery. I had a joint debridement of the cartilage in 2007 and had to get that fixed or repaired in 2009. For the most part this was doing ok for a while but it did start to feel a little more painful towards the nearing of the surgery. But it was definitely not as painful as this now.
There is a pamphlet they gave me about hip surgery and it specifically states that "prior to surgery there is a conservative management period that involves physical therapy, cortisone shots, and oral medications to relive the pain. If those methods fail, a patient is considered for surgery. He skipped all of that even when it was in a book that his staff provided me with. So why would he have suggested the surgery before trying other methods first. I honestly feel like he was just trying to get me to do the surgery and that if he did tell me he would lose a patient and not profit from a surgery.
What all this boils down to is I think he acted maliciously and with gross negligence. I feel like he said what he needed to say just to get me to agree to getting this surgery for his profit and did not do anything to make it better for me after the surgery. He acted like he was in a hurry every time.
Would any of this considered to be punitive damages?
Thank you so much for taking time to read this long post. I'm sorry if I rambled but felt it was necessary to go into great detail.
Thank you
I know this is a long post but if you could please be so kind to read it so I can get a little advise I would really appreciate it. This post has to be long in order to get all the details of the malpractice assumption if it is a malpractice case.
I have an issue where I received a hip replacement due to the suggestion of the surgeon, to having hip replaced will fix the issues I was having. This surgeon is the one that performed the surgery on my hip. All of these things apply: PCP suggested to see surgeon, the surgeon never asked for medical records, he suggested the surgery.
I was not given any steroid shots prior to surgery, as well as not ordering MRI of hip. These are all standard of care and good practices and also he did not suggest a second opinion by another doctor.
I have many many problems with the hip now, 6 1/2 months ago that I never had before: my leg can't be raised in a sitting up position, I have been told by another dr that my leg was an inch longer than the other, I have had extreme pain in the front of the tendon, surgeon never checked the incision site after the first two post op visits, he didn't look at the length and just threw out the diagnosis of tendonitis of the hip. Suffered about 3 months with no relief on account that the surgeon didn't care enough to take me seriously, he had prescribed me medications there were 2 kinds of prescriptions prescribed to me, both had different names but apparently they were the same medication I told him that I had been taking both as well as Tylenol and ibuprophen to try to get some relief. He kind of had a worried look on his face and said I should only take one of the prescribed meds and only take Tylenol with it. I have now learned that it could have caused severe bleeding. I have a scar about an inch lower than where it's supposed to be, I have nerve damage, I have a bulge right under the scar, I hear creaking and squeaking noises coming from my hip, and it is obvious that I have a huge leg discrepancy because it looks as though I'm stepping up and down when walking. This was all caused due to the negligence of this surgeon and lack of ethics to concern himself after the surgery was performed, I have never spent more than five minutes in the office with him during any of my post op visits. He never asked to look at the leg discrepancy which would have been very easily seen and due to him not checking this I believe that the bone has grown into the implant making this even more difficult to fix. The doctor should have at the very least made sure that I was getting the best treatment for the surgery to be viable or necessary to my symptoms. I am having an increase of pain in the leg and I'm afraid that because I got a bikini anterior surgery he may have cut through muscle when this is supposed to be a muscle preserving technique by the surgeon having the ability to spread the two muscles apart because they are not attached to eachother. I am in more pain after this surgery than I have had prior to it. To top all of this off I am now suffering from worsened anxiety, depression, and insomnia, as well as my losing hair because of the worrying and stress of all of this I have spots of missing hair. I am only 44 years old and can't have sex the way I used to, can't pick up things off the floor, can't do squats, can't raise leg and I have now had to be on a cpap machine because I am not getting a good nights sleep when I am able to sleep. All of this mental stuff was managed prior to this surgery and the way the doctor handled it. I am feeling the doctor does not care enough about me to even look at what might be wrong with me. His misconduct has permanently scarred and disfigured me and I don't know how it's going to be fixed because now we have had to file bankruptcy because I have not been able to work since the surgery. We have gotten so far behind on the mortgage that we had to borrow 15 k to pay what we owed on it. And now we're getting behind again so we now have to let the house go. The doctor has a device that turns the leg in different positions and would also aid in the signs of one leg being longer than the other. And since I was able to be faced up this was easily able to be caught soon enough before he sewed me up. He was also be relying on X-rays during the procedure which would have been able to see the difference in femur. All of this could have been avoided if he double checked his work. He says the tendonitis is common after hip surgery. Now I have read it's not a common occurrence. I am not sure if the dr cut through muscle but it Sure seems like it with the way my leg has a bulge there. I am under so much stress from what I have found out after having another specialist look at me, and I am terribly afraid of having to undergo another surgery because the first surgeon made the problem worse. In sure it is possibly more difficult than the first total hip replacement. The specialist said the discrepancy of leg length is "way not right" and said the tendon pain may have been caused by the leg being longer now. She looked at the incision site and said she has no clue why the bulged muscle is there or what it is. And she was able to see the difference in length just by laying me on a table and looking at it. My back is now starting to hurt because of having to accommodate the position when I walk. I wake up in the morning and as soon as I get out of bed I instantly feel like I'm dizzy and going to fall over. These are only some of the things and I just can't think of what else now.
I'm very upset because this surgery was supposed to make me better at least allow me to have pain free sex and range of motion and able to work. The now being able to work is probably the most devistating thus far as now we are going to lose our house. I have 5 girls at home and don't have a clue where we will be able to find a house our size for as much as we have paid for this one. This house is in Choctaw, OK and it is a 6 bedroom 3 bathroom home, on 2 1/3 acres. Furniture will be taken away because we have had to finance the furniture.
I am totally irate at this doctor for not being more detailed in his research to find out if I even needed a surgery to begin with. As to his not being truthful, he has stated that I walked with a gait before the surgery when that was not true at all. This seems like he is submitting information that never occurred. He is also omitting conversations that did take place. And failed to discuss anything in length during those visits. He has stated that he discussed my X-rays in great detail with me, yet I have not seen them but one time after the surgery. He also stated that history was reviewed before the surgery. How could this be possible if he didn't request any? I had 2 proscedures a long time before this surgery. I had a joint debridement of the cartilage in 2007 and had to get that fixed or repaired in 2009. For the most part this was doing ok for a while but it did start to feel a little more painful towards the nearing of the surgery. But it was definitely not as painful as this now.
There is a pamphlet they gave me about hip surgery and it specifically states that "prior to surgery there is a conservative management period that involves physical therapy, cortisone shots, and oral medications to relive the pain. If those methods fail, a patient is considered for surgery. He skipped all of that even when it was in a book that his staff provided me with. So why would he have suggested the surgery before trying other methods first. I honestly feel like he was just trying to get me to do the surgery and that if he did tell me he would lose a patient and not profit from a surgery.
What all this boils down to is I think he acted maliciously and with gross negligence. I feel like he said what he needed to say just to get me to agree to getting this surgery for his profit and did not do anything to make it better for me after the surgery. He acted like he was in a hurry every time.
Would any of this considered to be punitive damages?
Thank you so much for taking time to read this long post. I'm sorry if I rambled but felt it was necessary to go into great detail.
Thank you
Medical Malpractice: Doctor Not Requesting Medical Records Before Doing Hip Surgery
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