Ask Me Help Desk - Is this blackmail?

Is this blackmail?

I had two differents surgerys at the same time. The doctor didn't do the surgery for one part the way he said he was going to do it. Instead he said he used the incesion from the first surgery to do the second one. My incesion was 4 inches long. It broke open about a 1 1/2 long. The doctor pulled out the broken stiches and put a bandaid on it. Now have a bad scar in that place. The second surgery that he didn't do right never worked and I feel the same. I don't think he did the second surgery. He said I have to pay to have the surgery done again.

I want to write him a letter telling to fix it the right way or I will write the newspaper and stand in front of his business with a sign on the sidewalk. Is this illegal?

Can you prove that he didn't perform the surgery?

If he screwed up the first surgery why did you go back a second time?

What was the surgery?

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Originally Posted by Alty

Can you prove that he didn't perform the surgery?

If he screwed up the first surgery why did you go back a second time?

What was the surgery?

I had double ingural hernia surgery. I was suppose to have a hydroseal repair. When we scheduled the surgery he told me he was going to cut my sack open to fix the hyrodseal. He never did it the way he said. Said he just went in through my hernia cut. I went back to him because I didn't know if he would fix it for free or not. I talked to a lawyer and he said it would cost over $50,000 to sue a doctor. It would be hard to prove he didn't do it. I would have to have a doctor do the surgery.

I assume you have a copy of the surgical reports to prove it wasn't done? You have your medical records as well?

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Originally Posted by J_9

I assume you have a copy of the surgical reports to prove it wasn't done? You have your medical records as well?

I was not charged for the hydroseal repair. But my friend said they can't bill me for two surgerys using the same incesion. I got my medical records. But they look like they were typed reports not the actual reports for my surgery. I even went to see another doctor and she said that the way he did it is not the right way to fix it.

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Originally Posted by daytimefungb

... I would have to have a doctor do the surgery.

Isn't it terrible that doctors have a monopoly on surgery? You would prefer that an automobile mechanic did it?

I suspect the reason the lawyer wants $50 K, instead of taking the case on a contingent fee, is that he doesn't think you have a very good case.

Don't write the newspaper or picket the doctor: you will end up being sued for libel.

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Originally Posted by AK lawyer

Isn't it terrible that doctors have a monopoly on surgery? You would prefer that an automobile mechanic did it?

I suspect the reason the lawyer wants $50 K, instead of taking the case on a contingent fee, is that he doesn't think you have a very good case.

Don't write the newspaper or picket the doctor: you will end up being sued for libel.

What else can I try?

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I was not charged for the hydroseal repair. But my friend said they can't bill me for two surgerys using the same incesion. I got my medical records. But they look like they were typed reports not the actual reports for my surgery. I even went to see another doctor and she said that the way he did it is not the right way to fix it.

Let's see...

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my friend said they can't bill me for two surgerys using the same incesion.

Your friend works in medical billing? Medical Malpractice? Medicine perhaps?

In my past life 10 years ago, I was a med/mal researcher. I was the one who decided whether my attorney should take the case.

In my current life I am a Registered Nurse and I attend surgery frequently.

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He never did it the way he said.

Sometimes it's not feasible to do the surgery the way they tell you when you are awake. Once you are under and they begin the operation there are factors that may make the surgery more difficult and damaging if they do the surgery the way they originally tell you they will and different angles have to be looked at.

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I got my medical records. But they look like they were typed reports not the actual reports for my surgery.

So you expect the doctor to be writing while he's cutting? Impossible. The doctor dictates the surgical notes then they are typed out. All you will get from surgery would be the time out that the nurses do prior to the surgery as well as the flow sheet that anesthesia fills out. Those are the only hand written notes used in surgery.

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I even went to see another doctor and she said that the way he did it is not the right way to fix it.

Different doctors have different methods. What is right for one doctor is not always right for another doctor.

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He said I have to pay to have the surgery done again.

Yes, you do. His time is not free. Anesthesia is not free. My time is not free. The operating room is not free. You are being billed for more than just what the doctor does. While some doctors may waive their fees under certain circumstances, you are still responsible for all of the other services that are provided to you during your operation and recovery.

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I talked to a lawyer and he said it would cost over $50,000 to sue a doctor

This is correct. Why? Because you don't have a cause of action that is winnable. Medical Malpractice Insurance has deep pockets and an attorney who is not 100% certain he can win the case will not take it on a contingency. Medical malpractice lawsuits are VERY expensive and extremely hard to win. You will need to hire expert witnesses (several) who charge upwards of $200+ an hour. They will have to pour over the medical records, have depositions taken, etc.

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I want to write him a letter telling to fix it the right way or I will write the newspaper and stand in front of his business with a sign on the sidewalk. Is this illegal?

You will get sued for libel for certain.

One question I always asked was... What are your permanent injuries?

My permanent issue is that one side of my sack is about two times the size of the other side and it feels like it is about to explode. I can affrod to pay another $11,000.00 above what my insurance covered. Because I'm a white self employed male with my own insurance. Now if I was an unemployed person with six kids, I would be on free medicare.

Hello daytime:

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is this legal

It IS legal. If you're broke, he won't sue you, and it might get you some action. If you have some money, I'd hire an expert to find out whether the doctor screwed you up or not.

Excon

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Originally Posted by excon

Hello daytime:

It IS legal. If you're broke, he won't sue you, and it might get you some action. If you have some money, I'd hire an expert to find out whether the doctor screwed you up or not.

excon

I have money. Money is not the point. I just don't like getting screwed over like this. Hopefully if I get the surgery done again they can tell if he did it the first time.

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Hopefully if I get the surgery done again they can tell if he did it the first time.

He did it the first time. I can promise you that. Now, the question is did he do it right?

I'm not privy to your medical records, I can't read them. (Yes, I did that in my past life). So I can't tell from here whether you have a case. And I am in no way saying that you don't have a case. But is it a winnable case? That's the question.

What I suggest you do is get a copy of ALL of your medical records from both surgeries and hire a different doctor in a different town similar in size to yours to review them and examine you. Why another town and similar in size? Because doctors in the same town back each other up. They are less willing to say that something was done wrong as it may backfire on them if there is a court case. Why another town? While the standard of care is across the board, the facilities are not similar. If you are in a small town, small town doctor, small town facility, the procedures and equipment, for lack of a better word, are greatly different than that of a metropolitan area.

Is it legal to write the paper and/or stand outside of his office? Yes. Is it wise? Not really. You can get sued, and doctors have much deeper pockets than you do.

Another thing you need to do is shop around for a large law firm, not a podunk hicktown attorney, to see if they will take your case on a contingency fee basis.