Suing Surgeon For Malpractice

Summary

Amy underwent foot surgery to remove a bunion and insert screws. Post-surgery, she experienced increased pain and swelling, leading to job loss and difficulty walking. She discussed these issues with her surgeon and sought a second opinion, but was told the surgery site was fine. She applied for disability benefits and Medi-Cal. In California, to sue for medical malpractice, proof of a doctor-patient relationship, the doctors negligence, the negligence causing the injury, and specific damages are required. Amy may have a potential medical malpractice case and should consult with an attorney.

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I want to know if i can sue a surgeon
Sure ****, could you please provide more details about why you want to sue the surgeon? This will help me provide you with more accurate information.
I went to the doctor because I was having pain in my foot and my big toe and I had a Bunyan. The doctor told me that they would remove the bunun and put screws in my foot. And my foot won't hurt anymore, and it would be all better. Well, my foot hurts worse. Now it's swollen, really bad, really. I lost my job I could barely walk. II don't see how he made it better. It's worse in hurt so bad.
Did you discuss these complications with your surgeon or seek a second opinion from another medical professional?
I did discuss these things with my doctor and he said that it's his surgery site is fine, so my swollen foot is something else, but my foot was never swollen before the surgery.
Have you obtained a medical opinion from another doctor regarding the complications you're experiencing post-surgery?

In California, medical malpractice claims must be filed within one year of discovering the injury.
I did, and he told me to consult The surgeon
What did the second doctor say about the cause of your swelling?

In California, to sue for medical malpractice, you need to prove the surgeon's negligence caused your injury.
He told me to ask my surgeon.
What did your surgeon say when you asked about the cause of your swelling?

In California, medical malpractice claims require:
- Proof of doctor-patient relationship
- Proof that the doctor was negligent
- Proof that the negligence caused the injury
- Proof of specific damages.
He said that the surgery sight was fine. So the swelling is from something else, and that's all he said.
Did you suffer any financial loss due to this issue, such as loss of income or additional medical expenses? In California, you can claim for these damages in a medical malpractice lawsuit.
I lost my income and my medic. My medical insurance. I have no job because of the surgery because I can barely walk. I can barely put shoes on.
Have you considered applying for disability benefits due to your inability to work post-surgery?

Explanation: In California, you may be eligible for disability benefits if you're unable to work due to a medical condition.
I did apply for disability, and my doctor approved me to go back to work full-time on August 21st but I could still barely walk in. My foot was still really swollen.
Did you appeal the decision when your disability claim was denied? In California, you have 60 days to appeal a denied disability claim.
I don't have a doctor saying that I'm disabled. He said I'm fine.
Have you considered getting a third opinion from another doctor about your condition? In California, a medical professional's statement is crucial for disability claims.
I don't have medical insurance anymore. Because I lost my job and my insurance was through my job
I'm sorry to hear about your situation, ****. Have you looked into California's Medi-Cal program for low-income individuals who have lost their health insurance?
I applied for that, I'm just waiting for the paperwork.
What is the status of your Medi-Cal application? In California, it can take up to 45 days to process an application.
It's still processing.
What is the timeline of these events? Specifically, when did the surgery take place and when did you first notice the complications?
I had to surgery on June 28th I had my cast removed on August 15th. The cast was originally put on to tight. And I called them right away to tell them. Because I lived in a different city. My toes were turning blue so I put a sweat in the top of my cast and it relieved the pressure so I didn't go get a new one. But inside the cast was too tight the whole time.
Did you document these issues and inform your surgeon about the tightness of the cast and your toes turning blue?
I called right away but it was already too late in the day and I didn't want to have a pay $* copay to emergency room to get a new cast so I put a sweat in the cast myself and it relieved some of the pressure but it was still too tight. And I did not go get a new one but when I got the cast off. I did tell my doctor that it was put on to tight. And he said it, would it matter if it was on to tight that it would the it wouldn't do any damage.
Did you get any medical complications due to the tight cast? In California, if a doctor's negligence leads to injury, you may have a case for medical malpractice.
My ankle still has a weird dentist, and my foot is really swollen.
Did you consult another doctor about the issues with your ankle and the swelling in your foot?
Can I please have the transcripts from our last conversation?
I'm sorry for any confusion, but as a chatbot, I don't have the ability to provide transcripts. However, you can usually save or screenshot our conversations for your records.