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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118752
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I wanted to run something by an experienced attorney. What

Customer Question

Hi, I wanted to run something by an experienced attorney.
What do you think would happen if someone told a physician that the patient had been seriously medically damaged by that physician's actions? The patient being me.
Obviously the statement hanging in the air is that I plan to sue this physician if something isn't worked out, but would it ever happen that the physician would want the case not to be on his record and would handle it, with or without the insurance and or the hospital? Do you need to file a suit for their insurance to pay?
Just kind of an interesting thought. I read once where to file yourself, you needed to know that physician's insurance company-which seems rather impossible without the Doc telling the patient.
What happened is that I had a really bad dog bite-no, my dog, two females with puppies got together due to ME opening the wrong door, and there was a major hole in the front of right ankle, with puncture wounds on inside of ankle. This is of course wolf behaviour, trying to protect their babies, very sweet mothers. I don't want to bore you but there was one thing in the standard of care done-the nurse did ask me when I last had a tetanus shot. I could list about 15 things not done, for example, no x-ray to look for bone shards or tooth fragments.
The physician missed that I had a severed anterior tibial tendon. Heel would lift, toes would lift, foot wouldn't. Flapped when I walked. 3 weeks 4 days later I was admitted into trauma orthopedics at the Med U here, with 2 surgeries done, and they were able to remove the necrotic ends and pull the two good parts of the tendon together, but it took from September 2014 to March 2015 that I had to keep that ankle in exactly the right 90 degree position, since anything that stretched where the orthos had done the surgery would pull the tendon apart. 3 different casts were used until last March. 8 months.
This was an ER doc as you can imagine. The Med U is 45 minutes from here and I had lost an enormous amount of blood so we didn't try to get there. 2 small arteries were spraying with each heartbeat and a month later in the trauma unit, my hemoglobin was only UP to 10.1. Every other one I have ever had done was and is in the range of 13.2. [postmenopausal lady] I am a retired RN so do have knowledge of the language.
Thanks, ***** *****
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to sue for medical malpractice in SC, you will need a doctor to provide a medical affidavit attesting to the conduct of the first doctor acting below the reasonable standard of care. See: SC Code 15-36-100 and also see Ranucci v. Crain, Op. No. 27422 (S.C. 2014). While you are aware of the language, you cannot write your own expert affidavit as you are a biased witness since you are the plaintiff to the case. You are also going to have to prove that in addition to him acting below the standard of care, you also suffered some additional harm or injury as a result.
You will need to have that affidavit before you can file suit.
If you tell the doctor you believe that he acted improperly in his treatment, he is likely to not respond at all. He does not have to provide you any information on his insurer without a lawsuit filed. You can ask him and ask him if he wants to settle it, but most of the doctors we deal with would refuse to respond to your demand and I am presuming this doctor you saw would act in the same manner.