Do I need to sue the doctor that make a wrong diagnosis to my mother?

Do I need to sue the doctor that make a wrong diagnosis to my mother?Last Feb. 23 my mother is complaining of pain on her right legs till Thursday. Friday she showed me that her right foot is swollen and red. Saturday at 1am I brought her to the emergency and the doctor said that it's a gout. So he give a medication to my mother and he said to us that if the foot got worse bring her back and they will give her IV with antibiotic. My mom is diabetic and taking insulin. Sunday she's still in pain foot is sitll red and swollen. Monday there's a bubble on the top of her foot and it pop out and water starts coming out. Same day I brought her back to the same hospital and another doctor sees her (we were brought to a minor treatment room) he just ask question and just look at my mom's foot and then prescribe antibiotic. I told the doctor that we already see a doctor last Saturday and he said that if my mom's foot got worse she should be given IV w/antibiotic. But he said no, she just have to take the antibiotic and ask the nurse to clean up my mom's foot and change the dressing. So I did not argue or say anything because he's a doctor I trust him. Tuesday I did not go to work so I can look after her. Wed. my husband look after my mom in the morning and in the afternoon it's me. While cleaning my mom's foot I could see the worse wound that I ever seen in my whole life. I'm not disgusted but I feel sorry for my mom cause she's in so much pain. I cried and at the same time I'm thinking how could I help her. I went upstairs and google something about diabetic people. Then Gangrene came up and look at the images, my heart beat so fast then run downstairs and told my mom that we are going to another hospital to get a second opinion. When the nurse called my mom and took out the dressing she ask my mom at once "Why did you just come now and she also ask me How come you just brought her now. I told her that I already brought my mom twice in emergency and the doctor said that it's a gout. She said this is not a gout its a DIABETIC ULCER and if this one doesn't heal well and your mom's foot got infected the doctor might amputate your mom's foot. I want to shout and cried I'm so upset. How come those doctor's doesn't know the difference between a gout and a diabetic ulcer. So my mom was recommended to a infection disease doctor and to orthopedic plastic surgeon. She went to a different test. She was in antibiotic everyday for 24 hours. The infection disease doctor give her 3 options first is to amputate the big toe up to the side of her foot because the infection already went to the bone, 2nd is to take out the bone and get prosthetic and 3rd she could keep her toe but she will take antibiotic for the rest of her life. My mother is very depressed. 3 or 4 years ago she lost her right eye because of having operation of cataract her retina bleed. She only had one eye and now she might loose a part of her foot. Also the infection disease doctor said that from the 2nd time that we went to that hospital my mom is suppose to be treated already and the doctor should check it out. Because from her record and when she registered they know that she is already diabetic. From last week of Feb. almost the whole month of March we are in and out of the hospital. I complain to the Ontario Doctor's Association and the investigator sent us a batch of papers to sign. But somebody from work told me that don't sign anything and consult a lawyer. Can somebody help me or give any advice what should I do. I don't have any brother or sister that will help me out. I'm just so bless that God give me a good husband.

Thanks,

Confuse Woman

LordGodGoose
I sympathize with your situation, but suing the doctor will gain you nothing.....the Emergency Room do not have your Mom's medical history, her Primary Care physician does, and THAT is where you should have taken her first....your MOTHER also bears some responsibility, unless she was unaware she is diabetic! (Which seems unlikely!)

kevomac70
Don't know about Canada, but in the Sates, you can call the local bar association and ask for a referral to consult with a lawyer for a small fee (about $ 50 if I remember right). You might go that route to get the advice of a reputable medical malpractice attorney. It sounds to me like you've got a good case, but I know that the law isn't always about right and wrong, and a lawyer could tell you what the process of suing would be like as well as what you might expect in terms of the outcome. Knowing that would let you decide if the benefits outweigh the costs, financially and mentally.

J B
First, I am not a lawyer nor a doctor but here is my opinion. The first doctor prescribed medication based on what he saw at that time - red/swollen which could easily be gout and yes, he was probably aware she was diabetic and, the diabetes complicates any foot problems and that is why she was advised to come back if it wasn't better. When being seen the second time, it was obvious that this was progressing into an infection and the antibiotics were appropriate. On the 3rd day, when it continued to progress, you should have gone back so that they could see the progression which is very common in diabetic patients. Because of their poor healing abilities, any sore/infection can rapidly become dramatically worse and takes many, many doctor visits and lots of treatment to facilitate healing. You can pursue this however you wish but your mother's diabetes, not non-treatment by the physician's, is the contributing cause to what happened.

TweetyBird
Your mother's responsible for her own health. Everyone is. Did the ER doctor know she's diabetic? Did either one of you mention this? She needs her own doctor and a diabetic nurse educator to help her understand and manage her disease. She needs to know how to provide foot care for herself and the right footwear to use.

"How come those doctor's doesn't know the difference between a gout and a diabetic ulcer. -- No doctor would have looked at a red, swollen foot and diagnose an ulcer. That's not what an ulcer is. Her foot wasn't ulcerated when you took her to the ER the first time. The second time, she didn't have gangrene so a diabetic foot ulcer might not be the first thing considered. Yet she still didn't see a primary care doctor or endocrinologist.

And YOU need to understand that the ER is not the place for primary care. Your mother should have been seeing an endocrinologist all along. From what you'd written, I'd have to say your mother has not managed her disease at all. I have no idea how the Canadian legal system works and I don't know why this question is showing up at a U.S. site but since evidently neither one of you opened your mouth and said she has diabetes (which would have changed everything) I'm not sure you have a case. If I were a lawyer, I'd ask her things like "How often do you check your blood sugar? What is an average result for you? Does your doctor know this? How often do you see your doctor about your diabetes?" I'd ask a lot of other questions but I'd also already know the answers. I'd mention her weight if she's obese and I'd stress a lack of disease management and knowledge about her disease. Take her eye, for example. I'm guessing the bleeding was due to diabetic retinopathy.

All this didn't start on 02/23. It started before that. And no doctor would have any trouble at all making the connection between her situation now and a lack of disease management. Believe me, if this even went to court, the hospital will have their endocrinology experts out in force and they will convince a judge or jury that not only did your mother neglect her disease and lost an eye because of that but she hadn't been seeking medical management all along until this crisis. And if she HAD been seeing a doctor about it, this could have been avoided. As much as everyone involved may sympathize with her, she wouldn't win her case.

Takes the papers from the investigator. You can throw them away later if you choose to. Have some one whose first language is English read them. Your mothers needs to understand what the papers are all about before she signs or doesn't sign and don't make the decision for her.

Peter Jacobs
Diabetic Ulcer and Gout can look very similar. The physicians sound like they were doing their best and treating things in a stepwise fashion. You could try to sue them but it wouldnt go very far.

Know better? Leave your own answer in the comments! Gout - information, symptoms and treatments. Googout.info health information factsheet - advice on gout and its symptoms, causes and treatment, plus prevention through diet.

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