Talented singer-songwriter David Tao Che has recently decided to sue famous Taiwanese osteopathic specialist 陳弘毅 Chen HongYi. According to David, three years ago, he was involved in an accident while riding his motorcycle in America. He shattered and fractured his index finger; he returned to Taiwan, where Dr. Chen operated on him. David never expected that, three years later, his fingers would not only not be healed... they would actually be stiff and inflexible! Painful, aching fingers are a serious problem for a singer-songwriter such as David; thus, he decided to take the case to court. He wants Dr. Chen to take responsibility [for what he believes was medical malpractice]. David, who has been missing from the public eye for quite some time, has recently suffered a blow-- his new album was unexpectedly leaked! He is not like the David from before, either-- he no longer plays the guitar or the piano on the spot. The fingers on his right hand were injured three years ago in a motorcycle accident; the area between his index finger and his thumb swelled and even turned blue and purple. Upon examination, the doctor found that David had a compound fracture; additionally, his cartilage had been broken into three distinct parts. David could not have anticipated, however, that surgery would result in muscular pain... or that his fingers would become rigid and inflexible. David made the decision to sue for medical malpractice last month. However, to sue at the same time as he is releasing an album-- it's hard to avoid giving people the wrong impression. In his defense, his manager 王立德 Wang LiDe said, "I know he definitely tried to hold it in, hold it in, hold it in... until he just couldn't stand it any more. That's the only reason he would do this (sue)... otherwise, if it was nothing, why would he go looking for trouble? You can see it with your eyes, though... his right hand and his left hand are different." The TVB-S news team claims to have noticed a difference in the way David holds his microphone. In the past, he liked to have his fingers lie directly next to each other on the stem of the microphone; after the accident, however-- especially after his surgery-- his fingers were swollen, and he took to curving them slightly. This would ease his sense of pain in his fingers. According to media reports, David believes the nail the surgeon used at the time of surgery was too long. The stiffness that he believes resulted from this error has become a serious obstacle for him as a composer and a performer. Whenever he plays the guitar for too long, the fingers of his right hand begin to ache. In addition to affecting his performances, his condition-- at its worst-- keeps him from lifting simple weights. The surgeon who operated on him at the time was Dr. Chen HongYi, who now serves as the head of the department of Osteopathy and Orthopedics at Taipei City Hospital's 陽明院區 YangMing branch. When he heard that David intended to sue for medical malpractice, Dr. Chen responded by saying that he had told David that his fingers would require four to six weeks of rest to recover. He had warned him not to over-exert himself in practicing the guitar. He had also warned him repeatedly to return for surgery to remove the nail; David, however, never appeared again. David found the doctor's explanations and protestations unacceptable; his manager indicated that the case has already been accepted by the courts; they are awaiting the hearing. Dr. Chen expressed his bitter disappointment at David's determination to sue; at the same time, he respects the singer's decision. Source: Yahoo! Taiwan, NOWNews, TVB-S Translation Credit: tammiest @ http://asianfanatics.net/
Medical malpractice is very hard to prove for his case. I personally think David Tao is wrong to sue because I don't believe he gave his hands the sufficient time to heal like the doc ordered; which led to the subsequent problems.
impossible to prove medical malpractice in this case. If the doctor was actually negligent and didn't follow up whatsoever they might have a case, but if its true that he called him back several times to get him to come back in and he never actually did, then the onus is on david tao. As an artist who uses his hands a great deal, he should have insured them against accidental damage. Just like J-lo has her ass insured.
from what the doctor response was, you can pretty much say its david's fault in the matter but we'll just have to see the results after the court session haah
