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Medical Malpractice/Possible malpractice suit


On April 12 2013 I had a small mass removed from my thumb I have a sensitivity to sedation/anesthesia medication I told ever nurse and doctor about when they came into the room the reaction is my body going through seizure like activity I told all the doctors and nurses to prevent or fix it is to give me Benadryl they all said "oh well ok" after the procedure I had my reaction to the medications and no Benadryl was given even when my next of kin who was with me told the doctor to give me Benadryl he said no its nothing medical lets wait it out after 1 and 1/2 hours of the nurses holding me down and all doctors became aware I was still not given Benadryl I began hyperventilating and increased in heartrate and severe sweating but it eventually came to a stop (I varified all of this with the medical records) since I had a severe case of whiplash from late December and my surgeon was aware of this and wrote it in my record I reinjured my neck from all of the seizure like activity. My surgeon, two weeks later, apologized for the anesthesiologists behavior. I didn't tell any doctor that I hurt myself all I told them was that I was pretty sore. My physical therapists noticed the reinjury and I do not have any appointments left and no doctor that will give me another prescription. I finally felt better and now this happened. I do not know what to do? Please help me with? Please.

Nicole:  Although your writing skills leave a lot to be desired, I presume your question is, "do I have a malpractice case"?  The answer is quite clear:  If you had gone into anaphylactic shock and died because you did not get the Benadryl, it might be a great medical malpractice case.  However, and fortunately, you did not die and you are OK except for some renewed neck pain.  A medical malpractice case must have very high damages in order to make it worth pursuing.  That is, worth hundreds of thousands of dollars, at least.  Any lawyer taking the case has to hire an outside anesthesiologist to review your case and act as an expert.  The doctor you sue will have experts on his side saying everything was done according to the "standard of care" and that you were not injured in any event.  Your lawyer will have to spend 10s of thousands of dollars on experts and other costs and hundreds of hours of his/her time over many months or even years ..........and for what????? A chance, only a 50/50 chance at best, of winning the case, getting his costs paid back and earning a fee???? But if your only damages, assuming there was malpractice, was some temporary neck pain like you had already, what is the case worth??????? Answer: :Little or nothing.  If you were an attorney would you take the risk and take the case??? Of course not. What to do?  Take care of yourself and get better and forget about some legal remedy.  I have been a lawyer suing doctors for malpractice for many many years. I am on your side and therefore, can assure you there is no case here.  I mean come on Nicole, you think you could sue for malpractice because you were "pretty sore"?????

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Glenn A. Dorfman


Thirty-four years experience in personal injury, medical malpractice and medical product liability law. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Also wide experience in medical product defect cases ie current litigation regarding the Johnson&Johnson (DePuy)defective hip implant cases and Mirena IUD issues


Thirty-four years experience handling cases involving auto accidents, trips and fall, fires, dog bite,medical malpractice and defective medical product cases with particular emphasis in 2012 and beyond with the DePuy ASR (Johnson&Johnson) defective hip implant cases. Twenty-five years of experience with defective IUD issues as well

Jurisdoctor Degree 1976 and Member in good standing with CA State Bar Assoc. since 1976

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