who would you sue?

so who's fault? who do i sue?

  • The PCP (original doctor) for not making it clear to me and his staff that this was an urgent case

    Votes: 3 25.0%
  • the PCP's staff for not realizing that this was urgent.

    Votes: 2 16.7%
  • the neurologist's office for not having apointment time open.

    Votes: 3 25.0%
  • the neurologist for being the one to tell me the bad news when he finaly see's me.

    Votes: 2 16.7%
  • myself/noone. should have been more proactive, and not just believed the med system would work.

    Votes: 11 91.7%

  • Total voters
    12

RoddyVR

Veteran Board NESer
Joined
Mar 29, 2002
Messages
4,210
Location
Russian in US
i'm having an interesting experience with the medical system here in the US.
and i'm curious. if it comes to me having to amputate my finger or hand (or arm), who should i sue for causing this?

here's the situation:
about a week ago (more now acutaly) i fell asleep on the train, as i always do.
when i woke up, my hand had fallen asleep (some part of me usualy falls asleep on teh train, its not a very comfortable place to sleep). i thought nothing of it, figuring the blood would get moving now that i was awake and my hand would be back to normal.
later i noticed that my hand hadn't quite woken up.
after almost a week, i was worried enough about some blood clot in my arteries (that could dislodge, move to my brain and kill me or something) that i decided to go to the hospital on friday instead of going to work.

found my PCP (Primary Care Physician, my main doctor) and went to see him.
told the office staff about my hand, their reaction:
"well, we can schedule an apointment for the 16th of december, how's that?"
i answered:
"thanks, i'm going to the emergency room. they'll see me today."
they say:
"wait. maybe he (the doctor) can squeeze you in between other patients"
i say:
"ok." and i wait.
he sees me after acouple hours. it tell him my symptoms (pinky finger and muscle above it on the hand is tingly/cold). he diagnoses it as a damaged nerve in my elbow. i actualy agree with him, cause once he pointed it out i noticed that half of my second finger (is that hte index one?) is having same simptoms, but only half of it, not the whole thing. and also, when i press on a part of my elbo (the funny bone) i can get it to send an electric sensation into the affected area's.
so he tells me that he's not sure just how damaged it is, and wheather it will regenerate or not.
tells me that if i'd come to him the day after it started he'd have said to wait a few days, but since i've already waited a few days, that he's gonna send me to the nerve doctors to get them to check out the nerve more thoroughly.
so he writes out a "referal" paper explaining what he wants them to check out, and asks his office staff people to arange the visit for me.
after they talk on the phone with the nerve doctor's office, they tell me that i should go home and wait for their call of when i can go see the nerve doctor. (they're not quite sure when they can squeeze me in at the nerve doctors).
so i go home. wait all day, no calls. leave to go spend the weekend at my sister's. come back on sunday night, still no calls from the doctors. skip first half day of work to go visit the nerve doctor's office and ask them directly when they can see me.
they tell me "oh ye, you're right here on the top of our pile here. how about 6th of december?"
me: ..... "umm. i thought this was supposed to be done more like today/tomorow, not next month"
them:.... "well let me see if i can schedule you for a saturday apointment, i'll call you once i get in touch with the saturday doctor".
i go to work, and later in the day they call me and say:
"good news. the saturday doctor can see you....." (here i'm thinking "ok, good so i only gotta wait this out another 5 days)
she continues: ".... on the 3rd of december".
i basicaly give up on the "direct" aproach. say, "well fine schedule me for then for now".

i call my primary doctor's office. tell them that the neurologist is offering to see me in a month, and that i want to make sure that the doctor (the one who actualy saw my arm) thinks that this is OK. that my arm wont fall off by that time or something. they say: "he's with a patient now, once he gets out we'll ask him and call you"
wait the rest of the day, no call. call them closer to the end of the workday (about 4pm) and ask them the same thing. they give me same response.
still no call till 5 (they close at 5 and i go home at 5)
this morning (next day now), i call them again, ask the same thing.
they tell me its on his desk and they'll call me once he gives them an answer.
about an hour ago they call me and tell me "we asked the doctor, he's talking to the nerve doctor now to see if he can see you earlier then next month"
half hour after that they call again "good news. the nerve doctor can see you saturday at 10 am. this comming saturday".

so now, i'm SURE that when they finaly asked the doctor, his response was probably something to the tune of "why didnt he get seen by the neurologist on friday?"
but anyway.

the thing here is that if it hadnt been for me not wanting to have my hand tingle and be cold for a month, or if i had been a little more trusting in the medical system and thought that they knew what they're doing, i would have waited the month to go see the nerve doctor on my apointment.
and who knows what would have happened to my damaged nerve by then.

lets say that that had happened, and they told me "well, by now your nerve is completely dead. there's nothing we can do. wish you'd come in earlier cause it was still alive when the other doctor saw you originaly"

who's fault is it?
who do i sue and for what?
the original doctor for not putting the fear of amputation into me?
the original's doctor's office for not understanding that this was urgent and pushing the neurologist's office to see me that same day?
the neurologist's office for not having an open appointment and seeing me soon?
the neurologist for telling me the bad news about my nerve when he finaly see's me?
or is it all my fault cause i didnt push hard enough to get hte doctors to see me when I wanted them to see me?
 
I wouldn't sue anyone because nothing happened.

If something had happened (you lost your hand or arm) then you would sue the government. That is if it a government run medical service.

Obviously if it's a private medical outfit then you sue them - both the neurologist and the GP but I'm sure your solicitors would be able to locate the blame ultimately.

But really - nothing happened in the end right?
 
I would sue no one...

and no, America doesn't have a public health service (damn insurance companies).
 
It's good to see this is how the American system works: nothing went wrong, but if it did, who would I sue? :shakehead
 
If the PCP doctor had strongly suspected a 'dying nerve' that would require immediate (less-than-three-week) action to prevent permanent damage, and had not told you nor had pushed to get an appt for you earlier than three weeks away, then I'd say that they are the most at fault here.

Whether to sue them as a result is a separate issue.
 
Rambuchan said:
I wouldn't sue anyone because nothing happened.
i agree
If something had happened (you lost your hand or arm) then you would sue the government. That is if it a government run medical service.

Obviously if it's a private medical outfit then you sue them - both the neurologist and the GP but I'm sure your solicitors would be able to locate the blame ultimately.
private.
But really - nothing happened in the end right?
right. so i have no need for a layer.


the reason i asked the question (posted the thread/poll) was not to get advice on who to sue, but quite the oposite. i went through the actions of each of the 4 parties (the two doctors and each of their nurses/staff/offices) and i didnt find fault with anyone.
but at the same time if i handt pushed to get them to sort this out, they would have left me with a 3 week wait for something that i'm prety sure the doctor thought needed much more immediate attention. so i was hoping to get some opinions on where i'm "missing the errors" in the whole situation.
 
All hypos but...

Your primary care physician could arguably be said to have been negligent in not taking more urgent action if, in fact, he believed there was a need for an immediate investigation into the possible nerve damage. This is marginal, but could be construed as malpractice if there was any any damage resulting from a delay. It would have been incumbent on him to push for a quick appointment to determine the nature of the problem.

I see no possiblity for a cause of action against the nuerologist. You had no pre-existing relationship and their offices were under no duty to expedite your appointment and (based upon your recitation of the facts) had been given no reason to do so until called by your PCP.

A final alterantive is the your HMO/PPO for having restrictive requirements for referrals which caused a delay in your care.

Edited to say...

All that being said any good plaintiff's attorney will tell you to name anyone with any possible liability to leverage the best settlement possible. Hell, sue the train line for defective seats. Its no more spurious than half of the PI cases filed nowaday.
 
Sorry about the off topic, but:

PCP doctor is a bad term. Do you really use that?

I remember a case some years ago about someone called "Doktor Englestøv" (= Doctor Angel Dust). Well, PCP = Angel Dust.
 
thetrooper said:
Sorry about the off topic, but:

PCP doctor is a bad term. Do you really use that?

I remember a case some years ago about someone called "Doktor Englestøv" (= Doctor Angel Dust). Well, PCP = Angel Dust.

PCP = Primary Care Physician.
 
lol. thanks.

i love the "sue the train company" thought. would have never even crossed my mind.
the PCP = drugs or doctors thing has GOT to be made into a joke. will take me a while to come up with a good setup though.
 
Rambuchan said:
If something had happened (you lost your hand or arm) then you would sue the government. That is if it a government run medical service.

Something I picked up from your note...

Generally in the common law system the goverment has a "sovereign immunity' from tort actions based in negligence. If you suffer from negligent medical malpractice in a country with nationalized healthcare, are you able to bring a malpractice cause of action or are you precluded by sovereign immunity? Is there some form of standard bueracratic recovery for victims of malpractice?
 
its pretty much your fault the only thing that the doctors did was not listen to you & your main doctor. the reason for my thought is cause u were stupid enough to think your hand could be asleep for more than an hour. the most time me and my friends have had our hands asleep was maybe 20 min.
all i have to say is that maybe you should have thought of previous times when your hand was asleep
 
I used to have something like that numb hand thing. Except it was with the tips of my middle and index finger on my left hand. They were numb for about a few weeks but afterwards they regained their feeling.
 
joycem10 said:
Something I picked up from your note...

Generally in the common law system the goverment has a "sovereign immunity' from tort actions based in negligence. If you suffer from negligent medical malpractice in a country with nationalized healthcare, are you able to bring a malpractice cause of action or are you precluded by sovereign immunity? Is there some form of standard bueracratic recovery for victims of malpractice?
I'd have to defer to someone else better wisdom on this one. Not being totally up on the law, I really don't know the answer.

@ Trooper: Yes PCP is unfortunate.
 
If you sue, you sue them all for something. Ongoing discussions with the implied threat of a law suit though may bring a more suitable response actually related to the problem.
 
Hmmm... IMHO, a few things should be regarded here:

First, as your case seens a bit unusual, it's necessary to evaluate if the urgency expressed by your PCP was indeed incorrect, and the expected practice would be to be more expedite, or if you have received a by-the-book advice, and was victim of a fatality.

I see no possibility of sucess against the neurologist, except if a) he was warned about urgency by the CPC or b) you came presenting the case as a medical emergency and he refused even a preliminar look (since giving first aid is a duty of any citzen, let alone a doctor). If you presented the case without stressing the urgent necessity of immediate preliminary attention, I can't see them being blamed for accomodating you on their schedule.

Either way, there can only be compensation if there are consequences. Negligence, while sa part of the traditional "guilty trilogy" (negligence, imprudence and incompetence), only materializes if it completes the dreadful consequence - otherwise, the negligent (but harmless) behavior is excused.

A claim against the train company - as suggested by Joycem10 (as spurious, granted) seens to me as too far-fetched, particularly if you have been using them to ends that differ from their recomended usage (for example, sleeping in them, as you said) and that deviation of usage is directly responsible for the sinister result.

Regards :).
 
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