And he’s still probably going to be sued anyways.
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He might not be *sued* if his malpractice carrier offers a reasonable settlement without trying to screw over the injured patient.
And if the patient has to file sue papers, the carrier may settle before trial.
Did the doctor do the surgery wrong? He says he did. Is his patient injured from his mistake? Has she, will she, need corrective treatment, does she have disability, how much pain and risk will she be endure because of the mistakes made?
Why should she not be compensated? If anything, his admission will help speed resolution of a dispute that could drag out and harm all parties. It will make the patient more amenable to settlement.
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.
“she shoudl also be compensated for the inconvenience of having to sue him”
You’ve got to be joking – of all the misbegotten ridiculous comments….
Physicians are always wanting to be compensated for their inconvenience in dealing with suits – why shouldn’t it go the other way as well?
Well, I’m not a doctor, but it doesn’t sound like she was gravely injured and ALL surgery does carry risks, including physician error.
I like the fact that the doctor admitted error. That tells me (1) the doctor intends to learn from the mistake and (2) the patient gets to believe the doctor cared…which I think does matter.
So, if there’s an option that avoids penalizing the doctor without forcing the patient to pay for the expense of another surgery that shouldn’t have been necessary, that would be the ideal. Should the patient receive some kind of “reward” for the mistake? Nah.
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.
Since when does mistake = malpractice?
In what way was this doctor negligent? I don’t think he should be sued at all. He should, however, fix her knee at no additional charge.
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. There is much to consider. You can usually only have one successful revision and when that wears out at 10-15 years, you are stuck in a wheelchair.
Anon 5:22, Please go have a TKR and then come back here and tell us all what it is like. You wil be singing a new tune.
“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!
Oh please, I hope you aren’t a physician whose goes around telling your patients what an easy surgery a TKR is. Their entire knee is cut away and the space is filled with metal, plastic and concrete. Ligaments are severed and it is beyond painful. It is a long tough recovery and requires alot of active PT to recover. Ask those who have had it done and actually listen to what they tell you. Recovery takes more than 18 months to be complete. After that they are happy they went for it, but expectations of this surgery do not match reality. I’ve seen big ass football players sob like little girls from the pain of PT following this surgery.
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.
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