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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello. I am 58. Since January 2013 I have had a condition that

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Hello. I am 58. Since January 2013 I have had a condition that is miserable. I called to make an appt with my GYN only to find out she abruptly retired. Another Dr. (we will call her Dr. M) was taking her patients. I saw the related Dr. M She did not examine me, but did a swab of the area. Treated me for bacterial vaginosis prescribing an antibiotic. Clindimycin did not touch it. The discharge that I was ( and still am) experiencing was acidic and extremely painful. I called to tell this Dr. that it didnt work and in fact things were worse. she had me make an appt for an ultrasound and pelvic something or other. There were no abnormalities found, but some inflammation. My next appt with her resulted in no examination, she decided it would be best for me to have a D&C with historoscopy. Telling me that should eliminate the issue. The procedure was scheduled. By now it was May. I have had the discharge for 5 months by then. The procedure was performed. Nothing abnormal, no hystorectomy needed. things were inflamed (angry as she put it). During this time intercourse was impossible, and still is. My husband is very active with a healthy libido so you can imagine his frustration as well as concern for me. Even 2 days after the procedure the discharge was still abundant. I called to say; the procedure did not work. So she put me on another round of antibiotics, to no avail. I called yesterday in tears because Sunday night the discharge was so heavy and acidic that I felt my private parts were on fire! I called at 7:30 in the morning! no call all day. By noon I was in dire pain so I went to my local ER. Fortunately, they have a resident GYN in their medical plaza and they sent me directly to him, call him Dr. B. He saw me immediately! He said I never needed the D&C, and I certainly do not need a hystorectomy. I could tell he was quite angry that I suffered for 6 mos. He told me that Dr.M was in over her head, she should not have tried to treat me and her diagnosis was completely wrong. Also, she is merely a DO and had no business doing a D&C. He gave me a topical for relief, and is treating me agressivly for a severe yeast infection. I told him her swab detected no yeast. His answer was I dont care what she says. Today I am better and following his regiment of diflucan for 14 days. He was adament that I had an uneccessary procedure and suffered needlessly. so now 6 months later and over 8000.00 spent, many days of missed work, I am no better than I was at the start, broke and no time in my time bank at work!! having said all this, I wonder if I have a case for malpractice. I still have not gotten a call fromDr. M, that has been treating me up until yesterday!! The office even told the new Dr. that they needed 25.00 to transfer my records! I cannot describe the suffering I have gone thru for 6 months now!! People have urged me to find out if I do indeed have a case. Today another OB-GYN thinks I definitely have a mal-practice case. Thus, this lengthy story. Any thoughts would be appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. The answer is yes, you may have a case here. Allow me to explain.

Legal malpractice in Texas is called professional negligence. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

Here, you would have to show that a reasonable practitioner of the same school and same or similar community under the same or similar circumstances would not have engaged in the same diagnosis and/or treatment options, thus not causing you these issues. This may very well be the case here.

May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.

The vast majority of the time, medical suits are handled out of court in a settlement so litigation may not even be necessary.

I hope this helps and clarifies. Best of luck.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 89091
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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