If I had a heart catheter done and the doctor went up my leg groin and pinched a nerve in the process, what should my next step be since I’m now incapacitated due to the pain?

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If I had a heart catheter done and the doctor went up my leg groin and pinched a nerve in the process, what should my next step be since I’m now incapacitated due to the pain?

The surgery was a few years ago. When I woke back up, I was in so much pain I asked the RN for pain management or a extra pillow. My wife is a witness to this but the RN refused to help me out. It’s like they ignored me. The doctor went up my leg groin and pinched a nerve. My family practice doctor admitted that the surgeon made a mistake that could be long term. (it’s long term, because I’ve been having leg sez almost everyday.) I had 2 nerve test and they both came back as positive for nerve damage in my right leg. I can’t work! I would love to sue the hospital for all the money they have. I have the hospital records of proven test that shows the test results and everything.

Asked on July 9, 2015 under Malpractice Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of  care that a medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Negligence on the part of the hospital is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).

Since you said this occurred a few years ago, you need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If the statute of limitations is approaching, file the lawsuit.  If you still have a considerable amount of time before the statute of limitations expires, it may be possible to settle the case with the insurance carrier for the hospital and the malpractice insurance carrier for the doctor.  Your claim filed with each insurance carrier should include your medical bills, medical reports and documentation of wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury/condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with both insurance carriers (hospital and doctor)  NO lawsuit is filed.

If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit for negligence.  

If the case is settled with one, but not both insurance carriers, only name the party with whom the case has not settled (doctor or hospital) as a defendant in your  lawsuit for negligence.

If the case did not settle with either party's insurance carrier, name both parties (doctor and hospital) as defendants in your lawsuit for negligence.

If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 


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