Is this a case of malpractice?!
Question: Is this a case of malpractice!?
I felt a swollen lymph node in my neck about a year ago!. I went to the Dr!. and she yelled at me, "There is nothing there! You can get CT scan, but there is nothing there!" I got a CT scan and she called and said, "You have two swollen nodes!. Call if they don't go away in 1 month"
They didn't go away, so I went back!. She asked why I bothered to come back since there is nothing wrong with me!. I told her my lymph nodes are still swollen and she told me there never was a swollen lymph node!. I reminded her that she had told me about 2 swollen lymph nodes and she said that there is nothing swollen there!.
I went and got a copy of my CT scan with the report!. Here's the important part of the report:
"Slightly enlarged right jugulodigastric lymph
nodes which are nonspecific but likely reactive in etiology!.
Other smaller, normal size, jugular chain and posterior
triangle lymph nodes are also noted!. Correlate with clinical
findings for possible infection!. No abscess or mass is
identified!."
Since she lied about there being swelling and did not follow up on the possibility of infection that the radiologist suggested, doesn't that count as malpractice on her part!?
The reason that I ask is not because I want to sue her, but I would like to write her a letter after I see my new doctor letting her know that I felt her care was substandard and if it was malpractice, I'd like her to know that I COULD sue her so that she maybe pays more attention to her patients!. If it turns out that I actually do have something serious wrong with me, I will report her, but I hope that I just have something silly like a cyst or SUPER weird acne!.
Thanks!Www@Answer-Health@Com
They didn't go away, so I went back!. She asked why I bothered to come back since there is nothing wrong with me!. I told her my lymph nodes are still swollen and she told me there never was a swollen lymph node!. I reminded her that she had told me about 2 swollen lymph nodes and she said that there is nothing swollen there!.
I went and got a copy of my CT scan with the report!. Here's the important part of the report:
"Slightly enlarged right jugulodigastric lymph
nodes which are nonspecific but likely reactive in etiology!.
Other smaller, normal size, jugular chain and posterior
triangle lymph nodes are also noted!. Correlate with clinical
findings for possible infection!. No abscess or mass is
identified!."
Since she lied about there being swelling and did not follow up on the possibility of infection that the radiologist suggested, doesn't that count as malpractice on her part!?
The reason that I ask is not because I want to sue her, but I would like to write her a letter after I see my new doctor letting her know that I felt her care was substandard and if it was malpractice, I'd like her to know that I COULD sue her so that she maybe pays more attention to her patients!. If it turns out that I actually do have something serious wrong with me, I will report her, but I hope that I just have something silly like a cyst or SUPER weird acne!.
Thanks!Www@Answer-Health@Com
Answers:
Sounds like a case of poor patient relations but it is not a case for malpractice!. For there to be a case there has to be harm to the patient that is directly related to the medicine provided!. While you are upset, and rightly so, there was no harm!. Those lymph nodes are the most common and found in many with upper respiratory infections, sore throats etc!. Very, very common!. I would say that half my pediatric patients and 10% of adults have jugulodigastric lymph node swelling!. Best tip here is write the letter and state that you were unhappy and then find a more caring provider!. Good luck!Www@Answer-Health@Com
absolutely! I don't go to doctors because it is my opinion that they are only "practicing medicine" to quote a friend of mine!. But, also, I have foundthat most of them are like the one you just wtrote of bunch of AROGENT F----___ You COULd sue, but, why bother!.
You would be right!. You decideWww@Answer-Health@Com
You would be right!. You decideWww@Answer-Health@Com
Anyone can sue anyone but this is a case you won't win!. You can write her a letter that her care was substandard but she will just throw it away!. Just because the person who read your CT scan recommends something does not mean the Dr has to follow through with the recommendation, mine never does!. Get a new Dr!. Go tell her that her care was substandard and tell all your friends not to go to her if they need a Dr!. Best forget this one, it's just a waste of your time!. I've been in the same position and it is best forgotten!. I just tell people what kind of Dr s/he is and most people will change Dr's or not go to that one at all!.Www@Answer-Health@Com
There is a chance that once she finds out that you MIGHT possibly even THINK of suing her, that she might possibly add something to your chart such as saying that she offered treatment or more tests, etc, but that you "refused" or "didn't call back", etc!.
I picked up my chart one time from a doctor's office to take to my surgeon, and they had written some things in it that they never did!. Another time, I went to a surgery center!. The nurse injured my arm with a swollen node under my arm and hardened sore vein!. Later, the surgery center sent me some flowers saying, "Sorry for the inconvenience," never really apologizing for hurting me due to bad training on that nurses part!.
Later, when I went to pick up my medical record to take it to another doctor for treatment, the doctor had a note in there that I had "refused" follow up visit, which is not true---the doctor had actually told me after the procedure that the test was perfectly fine!. Later, I found out that the biopsy had shown some abnormalities, but the doctor had never called me to tell me the results and I had assumed that they were normal when they weren't!. I certainly wouldn't refuse follow up if there were something abnormal!.
Another time, I went to have a pre-op visit with my surgeon!. After the 5 minute visit, he handed me my chart and told me he would see me a few days later for my surgery!. As I stood in line waiting to check out at the desk, I glanced at my chart!. There were vital signs in there that had never been taken! I asked the lady at the desk if she was sure that my chart had not gotten mixed up with another patient, and explained that I had not had my vitals taken!. It also said my heart was regular and lungs were clear, when I only saw the doctor (no nurse or aide, etc!.)!. I was confused why it was written on my chart!. The desk lady got the doctor and he came out with a big friendly smile and admitted to my face very candidly that he had made the whole thing up, because it wasn't necessary and I would have my vitals and another exam when I got to the hospital for my surgery!! His exact words, along with waving his hand in the air as he said it was, "I just pulled those numbers right out of thin air!" My surgery was already scheduled, so I went ahead with that doctor, but got a funny feeling about what else might not be accurate on my chart!.
You never know what a doctor might write on your chart about you, so be careful!. They could end up adding things that make it sound like you are a hyperchondriac or have anxiety issues, etc!.
If you don't like a doctor, you can report them on ratemymd or ratemyphysician!.com, etc!. I would just forget this and find a better doctor who you feel that you can trust!. Some doctors are kind and caring and will be honest with you!. I think that these days with all the lawsuits that it has created a mistrust between the patient and the doctor!. The more lawsuits there are, the less your doctor will be interested in you as a human being!. Medicine is not what it used to be!.
I also know someone who worked with a team of heart surgeons near Philladelphia!. There was a surgeon who twisted the vein like a twisted hosepipe when he operated on a patient!. He ended up just cutting the vein in two and sewing the two broken ends together, decreasing the chances of the patients surgery being a success!. Later, on the chart, there was no mention at all about that medical accident!. Not one thing was mentioned!. That same medical group practices in a huge hospital, treating hundreds of patients a year! Another thing that they did was that when they would be short of cases for the OR the day before, the OR nurses would say to each other, "It's OK!. They will "dig something up"", and by the next morning, there were 3 patients in line for heart surgery rounded up in the hospital!.
Another thing is that if a patient has surgery and doesn't do well, the doctors can quickly transfer them to another service of care so that if the patient dies, he will not become one of the surgeons death statistics!. THere is a lot of politics in medicine these days!. You need to make sure that you have a good doctor who you can trust!. It's scary sometimes!.
I wouldn't let the doctor know how angry you are!. They will only get defensive and it may harm you instead of them!. Just be careful!.
There are a lot of politics in everything these days, and you may not know what is on your chart!.Www@Answer-Health@Com
I picked up my chart one time from a doctor's office to take to my surgeon, and they had written some things in it that they never did!. Another time, I went to a surgery center!. The nurse injured my arm with a swollen node under my arm and hardened sore vein!. Later, the surgery center sent me some flowers saying, "Sorry for the inconvenience," never really apologizing for hurting me due to bad training on that nurses part!.
Later, when I went to pick up my medical record to take it to another doctor for treatment, the doctor had a note in there that I had "refused" follow up visit, which is not true---the doctor had actually told me after the procedure that the test was perfectly fine!. Later, I found out that the biopsy had shown some abnormalities, but the doctor had never called me to tell me the results and I had assumed that they were normal when they weren't!. I certainly wouldn't refuse follow up if there were something abnormal!.
Another time, I went to have a pre-op visit with my surgeon!. After the 5 minute visit, he handed me my chart and told me he would see me a few days later for my surgery!. As I stood in line waiting to check out at the desk, I glanced at my chart!. There were vital signs in there that had never been taken! I asked the lady at the desk if she was sure that my chart had not gotten mixed up with another patient, and explained that I had not had my vitals taken!. It also said my heart was regular and lungs were clear, when I only saw the doctor (no nurse or aide, etc!.)!. I was confused why it was written on my chart!. The desk lady got the doctor and he came out with a big friendly smile and admitted to my face very candidly that he had made the whole thing up, because it wasn't necessary and I would have my vitals and another exam when I got to the hospital for my surgery!! His exact words, along with waving his hand in the air as he said it was, "I just pulled those numbers right out of thin air!" My surgery was already scheduled, so I went ahead with that doctor, but got a funny feeling about what else might not be accurate on my chart!.
You never know what a doctor might write on your chart about you, so be careful!. They could end up adding things that make it sound like you are a hyperchondriac or have anxiety issues, etc!.
If you don't like a doctor, you can report them on ratemymd or ratemyphysician!.com, etc!. I would just forget this and find a better doctor who you feel that you can trust!. Some doctors are kind and caring and will be honest with you!. I think that these days with all the lawsuits that it has created a mistrust between the patient and the doctor!. The more lawsuits there are, the less your doctor will be interested in you as a human being!. Medicine is not what it used to be!.
I also know someone who worked with a team of heart surgeons near Philladelphia!. There was a surgeon who twisted the vein like a twisted hosepipe when he operated on a patient!. He ended up just cutting the vein in two and sewing the two broken ends together, decreasing the chances of the patients surgery being a success!. Later, on the chart, there was no mention at all about that medical accident!. Not one thing was mentioned!. That same medical group practices in a huge hospital, treating hundreds of patients a year! Another thing that they did was that when they would be short of cases for the OR the day before, the OR nurses would say to each other, "It's OK!. They will "dig something up"", and by the next morning, there were 3 patients in line for heart surgery rounded up in the hospital!.
Another thing is that if a patient has surgery and doesn't do well, the doctors can quickly transfer them to another service of care so that if the patient dies, he will not become one of the surgeons death statistics!. THere is a lot of politics in medicine these days!. You need to make sure that you have a good doctor who you can trust!. It's scary sometimes!.
I wouldn't let the doctor know how angry you are!. They will only get defensive and it may harm you instead of them!. Just be careful!.
There are a lot of politics in everything these days, and you may not know what is on your chart!.Www@Answer-Health@Com
So many people think they can sue just because something didn't happen perfectly or the way in which the person thinks that it should have happened!. First of all, in any state, to succeed on a claim of malpractice, or any type of negligence, you must prove each and every element of negligence by a perponderance of the evidence!.
1!. duty
2!. breach of duty
3!. proximate cause
4!. damages
1!. The doctor had a duty to a provide a reasonable standard of care!.
2!. The doctor did not provide that standard!.
3!. Your injuries were the proximate cause (directly related to) of the doctor not providing a reasonable standard of care!.
4!. You sustained damages (lost work, additional medical expenses, pain and suffering)!.
Doesn't look like all of the elements to sustain a malpractice claim exist, and even if you think they do, proving it by a perponderance of the evidence would be very tough!. And what were your damages!.!.!.doesn't look like you had any damages!.
Www@Answer-Health@Com
1!. duty
2!. breach of duty
3!. proximate cause
4!. damages
1!. The doctor had a duty to a provide a reasonable standard of care!.
2!. The doctor did not provide that standard!.
3!. Your injuries were the proximate cause (directly related to) of the doctor not providing a reasonable standard of care!.
4!. You sustained damages (lost work, additional medical expenses, pain and suffering)!.
Doesn't look like all of the elements to sustain a malpractice claim exist, and even if you think they do, proving it by a perponderance of the evidence would be very tough!. And what were your damages!.!.!.doesn't look like you had any damages!.
Www@Answer-Health@Com