A doctor admits to a surgical mistake

he should be liable. that shoudl definately be compensated. i dont know how much . 500K? she has to undergo another operation… and who knows if shes got enough bone left to make the operation successful (did he cut off bone that woudl be needed in reconstruction?). she may never have a normal gait. i would definately sue. and she shoudl also be compensated for the inconvenience of having to sue him. it will certainly take up to 4 weeks of active living and thining about the problem away from her.

Physicians are always wanting to be compensated for their inconvenience in dealing with suits – why shouldn’t it go the other way as well?

Where did this idea come about that an apology should be an acceptable resolution to someone who may have to endure a lifetime of pain and disability due to a medical error? An apology and an admission of guilt should be offered:

1. Because it is the right thing to do
2. To ensure that someone who has been injured is properly compensated and treated for it.
3. To encourage a settlement and avoid the prospect of a long and costly lawsuit.

Of course, we can scratch number one and probably number two right off the bat as far as most doctors are concerned. They are seldom motivated by anything but self-interest. But I would think the more humane doctors would want anyone injured by an error on their part to be properly taken care of, but I doubt such people need to be told to apologize and accept personal responsibility for their actions. It’s the ones who think their patients should accept “personal responsibility” for being injured that need a little encouragement in the humanity department.

Fine line between malpractice and a bad result. A slight angular deformity may be well tolerated and may not require further surgery. If she has minimal pain now then a revision might be a bad idea. Revisions are obviously more difficult, take longer and frequently result in stiffer and more painful joints. Hard to comment further without seeing XR or actually talking to the patient. IF she does well… no harm, no compensation. If the knee fails, then an action may be brought for the pain of needing revision etc.

“Well TKRs are a barbaric surgery when all goes well. It can only get worse from there.”

PLEASE tell us that you are NOT a doctor! If you inspire this little confidence, you should NOT be in medical practice. Either that, or nobody should want to have a knee replacement. Please, spare us!

Anon 5:22 Driving your car carries a risk. So if you were injured in an ” accident ” you’d expect no compensation? obviously everytime you get behind the wheel it is a risk. Or if you car mechanic got distracted and forgot to put the oil in during the Oil change and your motor got fried. You’d pay out of your pocket for repairs? Heck no. Everyone is to be held accountable, no matter what the situation. This is why we all carry Insurance. It is past time to make doctors be Accountable for their actions, just like the rest of the community.