Rsd Case

[audwine]

I was reading on here about an RSD case, and it sounds like mine to a T! i had a hip replacement on 11/11/11, and was i their 11 days. Now I have RSD and nerve damage in my leg and foot, and cant seem to get legal help. My legal help has told me that thee mite have been a hematoma on the wound, or nerve and they may have missed it. If so we have a case, if no, oh well? I don't have one? I didn't have this before surgery, there telling me theirs no way to prove the surgery caused it? I had a major trauma, and that caused it, not a slip and fall. How can people win these suits over this, and people don't have a idea of how there started? The hip replacement did this to me. I am suppose to live young, and screwed up in pain for life? I'm not trying to get rich, but need to be covered for my loss, and pain, and the fact the working inst s real option right now. People don't hire you because you limp, its in their faces. I am  in CA, but moving to Memphis in OCT. I need results, of any amount in a settlement! Cant do anything, cant finish school yet, personal life is a shame, and no one seems to care what you loose in it.

ANSWER: Mark:  No lawyer is going to spend any time on your situation at all because we don't know why you have had the poor result.  What a lawyer would be looking for is you saying you have been examined by another surgeon and the reason for the damage is............whatever.........and this should not have happened. There must be some evidence or expert opinion that the problems you have were caused by the surgeon doing something really wrong in your surgery.  Otherwise, there is no case.  The other reason we are not interested, beyond not knowing what the problem is, is that with further medical care those problems might be improved.  Fact of life is, unless the doctor did something that any other doctor would say was just "crazy" AND, you have a life long severe disability as a result, it just isn't worth it.  The surgeon if sued would defend by saying he did everything by the book and your poor result is not because he screwed up.  By the way, in California the Statute of Limitation in medical malpractice cases in ONE YEAR.  You would have to file by 11-11-12.  Forget it. Based on what you know now, there is no case anyhow.  P.S.  Your spelling and grammar are very poor. If you are looking for work involving reading and writing, you need to work on that.

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Thank you for your so called help. You seemed to be very offensive, personal and blunt in your statement, and I don't know why. I had the surgery in Ohio, I now live in CA. I have contacted a Lawyer, just didn't like the results. I have had pain and problems since the day I woke up. I see people suing and getting paid for the dumbest things in RSD or for nerve damage, so I ask myself, why not me? The goal was to make me better, not worse. As for my spelling and grammar, "since you are simple enough to send me an PS", my keyboard is broken on this laptop, and I didn't use spell check". I sent that email in anger, and I still angered, because of  what you told me , leaves me with nothing but wasted time, bills, and pain, that's it. And by the way, I have an A/S degree in Supply Chain Management, and and am working on an B/S from Bowling Green in Quality Systems. So to me, "and of course the school I attended", my reading and spelling seem to be OK. And thanks for pretty much nothing, but being a smart a##.

ANSWER: I will apologize for mentioning your spelling etc. but the answer I gave you was good, useful and correct.  No lawyer would take on your case that would take hundreds of hours and thousands of dollars without have some idea about what went wrong. Until you know what went wrong, how can you determine if it was the fault of the surgeon.  The law does not require surgeons to guarantee a good result.  Hundreds of times everyday surgeons do a surgery perfectly and by the book but the result is not good. Surgery is not an exact science: that means just because you do everything the way it is supposed to be done, the result will be as required. Do you not understand that?  So, I didn't say you have no case.  I just said you need to find out what the problem is and the cause before you take it any further.  And those cases your mention are just anecdotal.  The great majority of medical malpractice cases never get to court, never settle and have no result.  I guess 90%.  So take my advice, get a diagnosis about what your problem is and why you have it and if any doctor says your surgeon screwed up big time, then you might interst a lawyer.  Read this a couple of times so that it goes in one ear and stops in the brain somewhere before it spills out the other end.

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Well, that makes sense. But again, I guess you get a kick out of getting smart with people on here, and all their doing is asking simple   questions.Thanks for whatever help you did give me and no  need for a response, I'm sure you would just be a smart a## again. I said that being simple enough, so it stops in YOUR brain, and and swirls around.

[brannon]

Look Buster:  I tried to give you correct and helpful advice. Yeh, I was trying to be "smart". Do you want advice from a dumb lawyer?  The legal advice is absolutely correct.  I am not saying you don't have a case; just not a case until you know the cause of your problem and have evidence that your surgeon caused it.  Nerve damage is a known risk for many surgeries such as yours. That fact that it happens doesn't mean the doctor was negligent or committed malpractice.  Until you know otherwise in your case, there is no case. Sorry.  Concentrate on finding medical care that can improve your situation. Best of luck.