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Malpractice an option?

I recently saw a specialist who wanted to run a test on me.  I said ok and my insurance authorized it.  Before the test, the receptionist/assistant, had me sign papers that basically said I agreed to the test and would not hold the Dr  liable for the outcome and would not file for malpractice.  I did sign and went on to take the test.  It was an EMG, they put electrical shocks through my arms from elbows to tips of fingers, that consisted of at least 50 shocks on each arm.  I have been home for 10 days now.  I have passed out and continue to have shocks running up and down my arms, even as I am typing this letter.  They hurt.  At one time, the Dr. left the area to see another patient and his receptionist, who he was trying to teach I guess, delivered several shocks to me.  They had me on this table for almost 4 hours.  I have severe fibromyalgia and rheumatoid arthritis.  This new pain is terrible.  Is there any recourse that can be taken against this man?


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139 helpful answers

Cool Equal justice for All

The law works but the system needs changed, We all abide by the law but sometime it failes us. The same with the goverment. God bless the USA, Brign our troops HOME safely, To the men who did not get the credit they deserve, MAY GOD WATCH OVER OUR SERVICE MEN.

Was this a necessary test and was the Doctor Qualified to do this test? did the Dr. explain before you signed the paper's how the test was to be done? I've personally heard of an EMG being done on an RA patient as I am one and I understand the constant pain of it. You should've NEVER sign paper's like this before hand. A Dr. is another person just like you and WE all make MISTAKE'S!!!! You should alway's seek a 2 or3 opinion. Somethiing is serious wrong here ,this is only MY opinion!!!!!! AS for these paper's you did signed I'm afraid you just signed away all your right's . This receptionist may NOT be qualified to do anything like this and this MAY give you the loop-hole in the law that you're in need of so get yourself an attorney that specializes in this type of law. For every law--there is another law that you can and should use, because is NOT RIGHT!!!!!!!!!! Good Luck,

Posted 2009-06-14T19:13:14Z
lawbug was invited by Yedda to answer this question.

 
7 helpful answers

Wink

YES! If the receptionist gave them to you without the (Bad) Doctor there you have the right to sue the practice !  You signed for the doctor to be /do in the office! I am so sorry about you having Fibromyalgia. My sister has it.

Posted 2009-06-16T04:27:15Z
willow4455 was invited by Yedda to answer this question.

 
1 helpful answer

I agree with lawbug. The doctor should have had explained everything about the test. What they will do, the possible effects when it starts and when it is done. Now, you may have signed a waiver that the doctor will not be held responsible for any injuries or whatever. Most of us are not that expert when it comes medical terms that's why we have Medical Malpractice Lawyers . It would be better if you consult a lawyer because they have connections on how to find out if there was really a malpractice done to you.

Posted 2009-11-02T16:10:03Z
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