Is Montana Pharmacy Responsible For Delay In Receiving Essential Medications?

Question: Pharmacy cause permanent nerve damage, do I have a case to peruse for damages or are they protected?
Question Detail: I have MS and a specialty pharmacy Aston having a refill of a RX that helps reduce the swelling from a MS attack to protect against permanent nerve damage. Since they did not fill the RX in time, the prior authorization from my insurance had expired causing them to call me to let me know that the RX would not be delivered the next day, but rather they basically had to start over after I had been waiting for almost two weeks. This as a result has caused permanent nerve damage to both of my hands resulting in loss of feeling, a reduction in grip strength, and abilities.

ANSWER:  I don’t see a winning case.  Your condition sounds advanced enough that any defendant could say your condition was destined to progress and they shouldn’t be blamed for the whole problem.  Why did you wait two weeks?  You should calendar your approvals for refills so you can plan ahead. 

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Can Patient Sue Montana Doctor Two Years After The Surgery?

Question: Is there a time deadline on filing a malpractice claim against a back surgeon who put a fusion in my neck improperly two years ago? Not only do I still suffer from pain, but suffer more intense pain and increased mobility difficulties surrounding my neck.




Answer:  A patient has three years from the date of the alleged malpractice, or the discovery of the facts supporting notice of an event, to file a complaint in a Montana district court.  Prior to filing a complaint, the patient must present the claim to the Montana Medical Legal Panel, a mandatory, but non-binding mediation process.  The time limits are temporarily suspended during the time needed for mediation. 

Failure of the surgery to alleviate your pain is not malpractice.  You must show a significant mistake was made during the surgery.  Scarring and other reasons give your doctor plenty of cover from liability. 

Failure To Diagnosis Brain Hemorrhage Serious Medical Error

My wife went to an urgent care center last year with headaches 3 times. The first time they gave a higher dose ibuprofen 800mg. The second time she went back almost two weeks later with the same symptoms (extreme headache, nauseous, light headed, and pain on one side of the body) they have her a shot that was supposed to help with the headache and more medicine for the upset stomach. That doctor said if the problem pros it he would recommend seeing a specialist. The next week it was worse we went back into the urgent care center and again saw a different doctor. He gave her a similar shot and again gave more ibuprofen and when we asked about seeing a neurologist, he kind of laughed and said if you make an appointment for one now it will be 6 months till you get to see one. It was the very next day my wife woke up and collapsed. She was taken to the emergency room (different hospital) and they did a MRI were they found something in her head. Not having a neurologist, they sent her to another hospital 30 miles away. Once there they found out she was bleeding in her head and had an arterial venous malformation deep in her brain that had been bleeding and that blood was causing the extra pressure in her head. The injuries she had were very serious and life threatening. She was in the surgical intensive care unit for 6 days and recovery for 3 more days, we had to go back at a later date for gamma-knife radio surgery. I fell like the first hospital is responsible for not doing anything over the course of a month causing pain/ suffering the both of us and not doing anything before it got as bad as it did.
ANSWER:

Luckily, your wife eventually received the proper diagnosis and care.  Unfortunately, the delay in diagnosis is difficult to estimate jury damages.  Only when a delay in diagnosis results in a lost chance of recovery and a worse outcome occurs is a lawsuit justified.

Question: Is a bladder infection caused by surgery a personal injury case? I had a surgery to drain an abscess in my pancreas on 11/14 and was told that everything went as planned. A week later I started having severe pains in my abdomen and was severely backed up. Next day I stared having a fever too and called the doctor who told me to take milk of magnesia and Tylenol for the fever. Two more days went by and I'd started going to the bathroom but the fever was getting worse. I went to the ER and was told I had a bladder infection and had to have a catheter and had to stay overnight and into the next day because of my fever. On the second day I had another surgery because a CT showed something was wrong in my bladder. If the second surgery was caused by the first is the doctor who did the first surgery to blame?


ANSWER:  There are too many factors in play to say you could win a lawsuit.  Urinary tract infections are not uncommon.  Considering the high costs involved and the many possible defenses, I would not recommend putting yourself through the ordeal of a medical malpractice lawsuit.  

Baby's Chronic Ear Infection Poorly Treated

Question: Since this primary has not done the referral needed for my son to see the ENT, can we sue for delay in treatment and my child's pain? My son is 17 months and has had upwards of 10 ear infections already. His right ear drum has already ruptured once as well. The doctor several times has stated he needs to send my son to an ENT specialist but still has not. This has been going on a year. A little over a month ago, we saw another doctor in his office because my son once again had an ear infection and she said she would send over the referral and nothing was done despite my calling and calling and calling not only them but the ENT office. He has been in terrible pain and the antibiotics no longer work on him. He has become immune to everything they put him on. Not to mention any damage that may have occurred since the proper treatment has not been done.



ANSWER

Your child's pain is not likely to justify a medical malpractice lawsuit.  The costs are prohibitive.  You should self refer to an ENT and try to shorten your child's suffering.  

Dental Malpractice Is Hard To Prove In Montana

Question: Is it malpractice if the dentist filed all the bottom teeth down to a point where my canine is completely flat and level with my other teeth?  I have problem closing, chewing and I cannot grip anything on that side. They were doing a temporary bridge. I overhead the lead dentist telling the rookie who did it that the bridge looked so good he didn't want to file it, he rather file my teeth. Every time I close my mouth, I hear a grinding sounds which is annoying and stays with me all the time. The sound is driving me nuts.



It has been 20 years since a Montana jury found a dentist guilty of dental malpractice.  Generally, the money spent pursuing the legal case would be better spent finding a good dentist to repair the problem. 

Montana Dentist Can Be Sued For Bad Bridge

Question: Is it possible for me to sue my dentist? I had braces done from 2009 to 2010. During the procedure I stressed a few times to the dentist that the tooth he rotated is badly receding. He always found answers to keep me quiet and he finally finished the procedure with a bridge at the place of this receding tooth. He even told me "who is going to look inside your mouth?" Now it has been receding so much, the whole gum around this tooth is even infected, and bothering me all the time. I am concerned that I have to get another bridge done to correct the one done already. What are my options, this dentist has never listened to me, otherwise we would have fixed it years ago.

ANSWER:  You can file a complaint but not much will come of your complaint.  Find another dentist and continue your daily hygiene.