Medical Malpractice

medical malpractice?

Ok so i my b/f (we'll call him bob) has a medical case that he believes is worth taking to a court room. this is the what happen when he was 17 on of his testicals became swollen so he went to the doctor and they gave him a medication for it but it was the wrong medication that caused it become even more swollen he went back to the doctors and they gave him another medication that brought the swelling down but now his testical is 2 times smaller the the other and has possibly became sterile because of it also it happened about 4 years ago we want to know if he was to take it to the court room if he would have a fighting chance? well i found out that when he went back to the doctors and the doctor at the time told him point blank that he had given him the wrong medication

Public Comments

1. You could take it to court. but would you be willing to stand up and show everyone the differnce
2. well that is something you wil ahve to talk to a lawyer about i mean the doc giveing him the wrong medication was it due to him thinking it was simething different. also you have to look at the time frame when it happened. is there a law stating how long you have to be able to file a case
3. It takes balls to sue a big medical practice, Bob.
4. Yeah, they messed up his medicine, he is permenantly deformed down there. Let me tell you this is worth getting money for. He may need the $ for future fertility treatments and such. Also, he was a minor so his parents need to get involved too.
5. It's too late, you may have to contact a lawyer
6. You can have a consultation with an attorney if you'd like to ascertain the likelihood of success of a case like this but it doesn't seem too promising to me. Malpractice doesn't mean that a doctor made a mistake. The law recognizes that doctors, like any one else, make mistakes. Malpractice means that the patient received care that was below the ordinary standards (and ordinary standards include the possibility of an honest mistake). Malpractice usually involves gross negligence or abnormally bad treatment by the physician, not just choosing a medication that didn't work as well as it should. Now if the doctor prescribed a totally inappropriate medication (for example prescribed an anti-coagulant for someone with a bleeding ulcer and caused the person to almost bleed to death) then there are grounds for suit. But to prescribe Drug 1 instead of Drug 2 (both drugs being medications for a bleeding ulcer) and drug 1 didn't work as effectively as drug 2 later did.... no, that was not negligence, that was a calculated risk and the doctor may even be able to justify why he used drug1 instead of drug 2 because of side effects, risk etc.
7. If so he is real close the the statute of limitations on the suit. However, IF he stated he had no allergies to any medications and had a reaction to the medication (something the doctor would have no reason to suspect was going to happen) then the doctor can not be found at fault. Most inflamation cases are trial and error. They give a standard treatment and if it does not work, they try something else. This is true of infections as well unless they run a culture. In your friends case, there was no apparent discharge or drainage to cause suspection of an infection at that point. As the male body develops (yes at 17 he is not full grown) the dominant testicle grows and the inferior (back up) testicle stays the same. (Hence the difference in the size). There is no "normal" way to determine if one testicle or the other has stopped producing sperm. The testicles are primarly for storage of the sperm until they develop. The prostate gland produces as much sperm as the testicles. The primary function of testicles is hormone production. One testicle produces more hormones than the body really needs so loss of one is not a danger to either hormone or sperm production. See an attorney to determine if you have cause for a case. They may want to determine if the testicle is not producing sperm--that procedure is uncomfortable and very painful. Dr. Tommy Skelton