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Legally Liable?

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  • Legally Liable?

    Hi all,
    I'm just a few days away from leaving for St. Louis for my surgery with Dr. Lenke on March 9 and 11. I'm pretty much ready to go and getting a few butterflies these days!

    There was a small hiccup with my primary care doctor, who insisted on repeating some pre-op tests because they were not done exactly within 30 days, even though Dr. Lenke's office was happy with all the tests they did and didn't require any more. I didn't understand this and was a bit angry about it coming up in the last minute. But someone told me recently they understood that if anything were to go wrong with the surgery the primary doctor is legally liable. Has anyone heard of anything like this?

    Now that that's out of the way, I'm looking forward to my surgery being over and done! I appreciate the great support I have received here for many years now. I'm not sure how soon I will be able to post here; I'm not taking my laptop (withdrawal!) but I'll do my best.
    FeliciaFeliciaFelicia
    10/24/00 posterior fusion T4-L4 at age 57
    8/5/05 posterior surgery for spinal stenosis at L4-L5; laminectomy and fusion
    5/14/07 posterior revision with fusion to sacrum
    2/11/08 anterior discectomy L5-S1, and reinforcement of fusion with plate attached to L5-S1
    3/9/2011 and 3/11/2011 revision surgery with Dr. Lenke, St. Louis - complete revision and fusion with instrumentation from T1 to sacrum, one lumbar osteotomy.

  • #2
    Untrue. Your primary probably doesn't have many of his patients heading off for such a big surgery, and he's probably just being exta prudent as he sends you off into Dr.Lenke's capable hands.
    Won't be long now! Good luck!
    Fused T-3 to L-3, Aug 25
    Hardware removal surgery, Nov 2, 2010
    Fused T-10 to L-2, osteotomy, Feb 22, 2011

    Comment


    • #3
      You can't stop someone from suing you. If a lawsuit was to commence, an attorney would be deliberately looking for any deep pockets to include in the suit in which they might be able to make a monetary recovery from. I'm sure that would include anyone involved in the care of the patient. It doesn't mean the attorney would win, but being included in the suit would certainly cause the primary care physician legal fees, expenses and time. I'm sure your primary care physician is responding to knowledge of some sort regarding other lawsuits that have occurred and is being cautious.

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      • #4
        Felicia-- I don't know about the lawsuit business, but sure want to wish you all the best on your revision surgery. Here's to a very successful surgery and relatively quick recovery! Hugs, Susie
        71 and plugging along... but having some problems
        2007 52° w/ severe lumbar stenosis & L2L3 lateral listhesis (side shift)
        5/4/07 posterior fusion T2-L4 w/ laminectomies and osteotomies @L2L3, L3L4
        Dr. Kim Hammerberg, Rush Univ. Medical Center in Chicago

        Corrected to 15°
        CMT (type 2) DX in 2014, progressing
        10/2018 x-rays - spondylolisthesis at L4/L5 - Dr. DeWald is monitoring

        Click to view my pics: pics of scoli x-rays digital x-rays, and pics of me

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        • #5
          Hi...

          Your primary care doctor clears you for surgery. Should something go medically wrong during surgery, s/he could be liable for damages if your preop physical turned something up and it was ignored.

          Always better to be safe than sorry.

          Regards,
          Linda
          Never argue with an idiot. They always drag you down to their level, and then they beat you with experience. --Twain
          ---------------------------------------------------------------------------------------------------------------------------------------------------
          Surgery 2/10/93 A/P fusion T4-L3
          Surgery 1/20/11 A/P fusion L2-sacrum w/pelvic fixation

          Comment


          • #6
            Thanks everyone for your responses. All that unnecessary testing was an additional stress I didn't need.

            I hope it's smooth sailing from here on. Thanks, Susie, for your good wishes!

            [/I]
            FeliciaFeliciaFelicia
            10/24/00 posterior fusion T4-L4 at age 57
            8/5/05 posterior surgery for spinal stenosis at L4-L5; laminectomy and fusion
            5/14/07 posterior revision with fusion to sacrum
            2/11/08 anterior discectomy L5-S1, and reinforcement of fusion with plate attached to L5-S1
            3/9/2011 and 3/11/2011 revision surgery with Dr. Lenke, St. Louis - complete revision and fusion with instrumentation from T1 to sacrum, one lumbar osteotomy.

            Comment

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