Penryn, CA asked in Medical Malpractice and Personal Injury for California

Q: I was diagnosed with otosyphillis & the doctor told me there was no treatment, then i find out there was, but too late.

December of 2021 I was diagnosed with syphilis by Kaiser and got 3 IM penicillin shots. My ear started ringing a few weeks later. I went back to kaiser & my primary care doctor said it could be because of the syphilis, but I did not receive any treatment. In early April 2022 I saw a head & neck specialist who said it is definitely because of the syphilis. He diagnosed me with otosyphilis, but said there is no treatment for it other than the 3 IM (Intramuscular) penicillin shots I received & to hope it gets better on its own. In July 2022 I talked to a Placer County public health STD specialist & she told me the treatment for otosyphilis & neurosyphilis is IV penicillin for 10 to 14 days. I went to Kaiser & my doctor had never heard of it. I finally got the IV penicillin August 19th 2022, but my tinnitus never went away. In November, I saw an Infectious disease doctor who knew all about it, said I should have gotten the treatment in February, the nerve damage & tinnitus is permanent...

3 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: If you believe that your doctor's failure to provide appropriate treatment for your otosyphilis resulted in permanent nerve damage and tinnitus, you may have a case for medical malpractice.

To pursue a medical malpractice claim, you will need to consult with an attorney who specializes in medical malpractice cases. An attorney can help you evaluate the strength of your case, gather evidence, and navigate the legal system.

To prove medical malpractice, you will need to show that the doctor's failure to provide appropriate treatment fell below the accepted standard of care, and that this failure resulted in your injury or harm. In this case, you would need to show that the appropriate treatment for otosyphilis was IV penicillin for 10 to 14 days, and that your doctor's failure to provide this treatment resulted in permanent nerve damage and tinnitus.

It's important to note that medical malpractice cases can be complex, and there may be specific deadlines and requirements for filing a claim. An attorney can help you navigate the legal system and ensure that your claim is filed correctly and within the appropriate timeframe.

Again, consulting with an attorney who specializes in medical malpractice cases can help you evaluate your options and determine the best course of action in your specific situation.

Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: You have a malpractice case and should consult with an experienced medical malpractice attorney in the state where this occurred. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case.

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: If you could arrange a free initial consult, that would offer the most definitive guidance. When med mal law firms evaluate a case, they rely on the medical opinions of health care providers who review the patient file. Firms that practice in this area generally offer free initial consults. Good luck

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