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Home > Law > Small Claims   »   Fall at Dr. Office

 
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Old Jul 31, 2007, 02:56 AM
Cellebrecht
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Fall at Dr. Office

I was being treated by a Dr. at a family medical facility and when preparing to leave the room, I lost consciousness and fell from a standing position. After regaining consciousness, the doctor advised me that the loss of consciousness occurred because of the pain of the treatment I was receiving. I was never advised that I may loose consciousness as a result of the treatment. As a result of the fall, I received an injury to my right knee. I was thinking about taking the office to court for any of my medical fees and the pain that i'm experencing. Shoud I?

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Old Jul 31, 2007, 03:25 AM   #2  
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He was making a diagnosis why you lost consciousness not informing you of a side effect. I dont think you would have much of a case.

I think you are extremely lucky that this happened while in the doctor's office and not out in the street or while you were driving.

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Cellebrecht agrees: Good thought
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Old Jul 31, 2007, 03:29 AM   #3  
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Quote:
Originally Posted by Cellebrecht
I was being treated by a Dr. at a family medical facility and when preparing to leave the room, I lost consciousness and fell from a standing position. After regaining consciousness, the doctor advised me that the loss of consciousness occurred because of the pain of the treatment I was receiving. I was never advised that I may loose consciousness as a result of the treatment. As a result of the fall, I received an injury to my right knee. I was thinking about taking the office to court for any of my medical fees and the pain that i'm experencing. Shoud I?
The part that concerns me, it the fact that he allowed me to stand up and I was preparing to leave. After the incident, he said that it occurred because of the body reacting to the pain. He knew that I was in pain and i think should of had me sit for awhile.

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s_cianci agrees: Absolutely right!
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Old Jul 31, 2007, 05:30 AM   #4  
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Hello Cell:

Did you ask the dr to treat you? No, you didn't, did you? If he said no, then I might consider alternatives, but to sue him without giving him a chance to do the right thing, is pretty bad.

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Old Jul 31, 2007, 05:45 AM   #5  
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Did the doctor tell you to stand up? It may be that 1 in 10 might lose consciousness because of the pain, so the doctor didn't feel you were at risk. Are you covered by insurance? I would agree the doctor shouldn't charge YOU for any treatment relating to the right knee injury, but whether you would win a court case on it is borderline.
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Old Jul 31, 2007, 08:24 AM   #6  
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Absolutely. That doctor had no business letting you get up and walk so soon after the procedure. Also, if it was that painful, why the heck did (s)he not give you any anesthesia? This actually sounds like malpractice. Maybe small in scope as far as malpractice cases go, but malpractice nevertheless.

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tickle disagrees: why would a doctor give anesthesia in a family clinic, in fact we dont know what procedure this was. Mentioning malpractice is a little heavy handed.
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Old Jul 31, 2007, 03:05 PM   #7  
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It is really alarming that we assume that this gentleman has a case to sue a doctor for malpiractice not knowing all the circumstances of his treatment. No one can assume anything without knowing all the facts and we will never know all the facts regarding this claim.

I sympathize with the poster but I have to have to go along with excon's answer, suing the doctor without giving him a chance is really dirty pool in my book.

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stonewilder agrees: I agree there is not enough information to really determine if the doctor was at fault.
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Old Aug 3, 2007, 05:05 AM   #8  
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I do not think that the doctor should be sued over this. But I do agree that he should have warned the patient of possible side effects. I also agree that the doctor should be responsible for injuries incurred because of his failure to properly warn the patient of the side effects. I have seen life altering consquences because of a doctors neligence in not warning a patient properly. Too often they get wraped up in the injury/illnes and forget the reaction of the medications. Cellbrecht Use this as a life lesson, when you have an illness/ injury research and ask as many questions as possible, from the treatment to the medicine.
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