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Medical Malpractice/If they didn't the stone, thrn what did they hit?


About two months ago (5/2/2013) I had a litho procedure done on a 7mm kidney stone of my left kidney. A week later I went in for my post-op to find out that it was still there in the exact location.     the urologist to me to add a couple of drops of lemon juice to an 8 oz water everyday to break up the stone, and increase movement in my daily routine. I'm a driver for UPS, I don't know how I can increase movement from that. However, I was still having slight abdominal pain and pains in my left side. The pain began to increase about a week and a half to two weeks later. Around 6/3/13 I went back to urgent care only to find that the stone was still there. Except this time there were two, a 6mm and a 1mm stone, one at the top and one at the bottom of my left kidney. On 6/8/13 around 2:30 A.M. I was rushed to the hospital for having bloody diaherria. I was released 5 days later being diagnosed with ibs, (irritable bowel syndrome). I have been out of work since in pain. My question is, If the dr didn't hit the kidney stone, what did they hit? And is this a possible case of malpractice. I have no prior history of stomach complications, and a month after a procedure I'm in the hospital, and still having stomach pains. And there are no substantial proof of why I'm in pain, bc my short term benefits have been denied.

Noland:  Did you not find it interesting that you went in with a 7mm stone and now you have a 6mm and a 1mm? Am I crazy or is it possible that the shock waves broke a 1mm piece off of the big stone? My brief research on the procedure says that it is best suited for removing small stones.........around 1mm......and yours in comparison was/is huge.  Even with small stones the procedure works only 50-75% of the time.  So a failure in your case was almost predictable.  A stone of that size needs surgical removal in my lay (meaning I am not a doctor) opinion.  Due to your insurance coverage which may have mandated the conservative (less costly) procedure or, some other reason why your doctor didn't go right to the surgery, well I guess we don't know.  Considering the size of the stone and the low probability that litho would work might have been wishful thinking or bad judgment and therefore even negligence or malpractice but you very definitely do not have a malpractice case to pursue.  The reasons are as follows:

Assuming your continuing pain is due to the stone(s) still being in there, you will I presume obtain the treatment needed to remove them and you will achieve a full recovery.  There will be no long term injury to you.  Yes, you had pain and suffering and loss of wages for all this time but unless the damages are well into the 6 figures........meaning you died, became permanently disabled, suffered some severe and chronic problem due directly to the failure to use the correct procedure to remove the stones, there just isn't enough money in the case to interest a lawyer.  The lawyer would have to spend probably 10-20K out of his pocket and hundreds of hours of work on the chance, just a chance, that the case could be settled or a jury would award big bucks.  Ain't going to happen.  Unless you had severe severe permanent damage no jury (and therefore the doctor's insurance carrier) aren't going to fault the doc for taking a conservative approach first to save you trauma of surgery.  The fact that you have poor insurance or whatever and can't get the problem treated correctly now is not their fault.  I thought UPS would be providing Cadillac quality coverage for you guys.  The doc would defend saying "yeh, the litho didn't work but it was worth the try and the failure has not caused any additional injury and, I didn't do anything that was BELOW THE STANDARD OF CARE anyhow and therefore, I am not guilty of malpractice"....

That's the story and the facts of life.  Get the right treatment for those stones. That is your mission. Good luck

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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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