HI Karyn,
I just wanted to see how you are doing? Have you gotten your medical records yet?
As of yesterday, my case has been settled!! The lawyers for the insurance company had 5 weeks to reply to the lawsuit. Our attorney called last week and said that they wanted to settle. It's a pretty bit sum, especially since I didn't expect to get much over my out of pocket expenses. But our attorney told us last week that he could get us $5000 to $10,000 more and yesterday he called and said that our case is settled and he did get $10,000 more! Now he wants to negotiate with my insurance company to lower the amount that they had to pay out. They originally paid $18,000 but he got that lowered to $10,000 and now he said that he can get that lowered even more!
I am still in shock. I reallly didn't think that I would receive much at all or I would have to go to court and then possibly get nothing!
I hope you do well with your lawsuit. It's been so nerve wracking hasn't it??
I'm just so relieved that this is over with! It's been very draining over the past 2 years and to have 2 surgeries on top of that! Incredible.
Let me know how it's going.
Take care,
Karen :)

HI Karyn,
I just wanted to see how you are doing? Have you gotten your medical records yet?
As of yesterday, my case has been settled!! The lawyers for the insurance company had 5 weeks to reply to the lawsuit. Our attorney called last week and said that they wanted to settle. It's a pretty bit sum, especially since I didn't expect to get much over my out of pocket expenses. But our attorney told us last week that he could get us $5000 to $10,000 more and yesterday he called and said that our case is settled and he did get $10,000 more! Now he wants to negotiate with my insurance company to lower the amount that they had to pay out. They originally paid $18,000 but he got that lowered to $10,000 and now he said that he can get that lowered even more!
I am still in shock. I reallly didn't think that I would receive much at all or I would have to go to court and then possibly get nothing!
I hope you do well with your lawsuit. It's been so nerve wracking hasn't it??
I'm just so relieved that this is over with! It's been very draining over the past 2 years and to have 2 surgeries on top of that! Incredible.
Let me know how it's going.
Take care,
Karen :)

Karen--

What fantastic news! It sounds like your lawyer did a great job! You of all people know the stress of this. I just want it over, and it hasn't even started yet! I was just about to send an e-mail off to the lawyer and see what's up. The OS records came to him, but they were not complete (even though I asked for all records to be sent to him AND me.) So his secretary is getting all of the additional info. The podiatrist has not even responded yet, which makes me so angry. They aren't waiting for a copy service to come next week, he's stalling. However, even though we know he's stalling on purpose, you still have to wait for a certain amount of time to pass before contacting him again. Of course I understand why, but if he stood by his work when I left to continue treatment with my OS, why is it such a big deal now? (Said with much sarcasm.) I just want to get things going--or not, depending on what the expert witnesses find. I need some actual closure with the podiatrist, and this is it.

Thanks much for your concern. I will keep in mind your happy ending--though I'm sure you had some stress at many points along the way.

Let me know the final settlement all works out--take care!

--Karyn

Hi Karyn,
Don't you just love legal stuff? I definately understand stress! Here we are trying to heal and we also have to deal with this stuff. Crazy, isn't it??
You hang in there. It sounds like your old podiatrist is playing some games, doesn't it? Don't you just want to go up to that office and get the records yourself?!? What frustration.
I should be getting my check from our attorney in a couple of weeks. The insurance company that represents that dredded place where I fell has to have papers drawn up stating that I am dropping the lawsuit. A check will come with the papers. I'm not sure what happens next. Either I will sign over the check to my attorney and he will take his cut and write me a check for the remainder or I will pay him(?!?) Not quite sure. But my attorney is also working with my insurance company to try to get them to lower the amount that they had to pay. They paid $15,000 but the attorney is going to try to get them to accept as close to $10,000 as possible. So we'll see. My medical bills before insurance was about $33,000.
It just feels strange not to have this hanging over my head anymore. It seems like I've been going through this my whole life, even though its just been 2 years. But I'm so glad there is someone else out there who knows what I'm going through! It's so nice to talk to you because you understand!!
Isn't it really difficult to just sit back and let things happen? You really want things to speed up and they won't!
You take care and I hope things speed up for you.
Karen

That's exactly how I feel-- I want to get those records myself, especially from the podiatrist. I drive past his office on the way to therapy, and some days, I really have to tell myself not to stop! I just sent my lawyer an e-mail asking him if there is anything else I can do to speed this up. I am bad at letting other people do the work--even though this guy is a lawyer and knows what he's doing. I just have a horrible time sitting back and delegating. What concerns me the most is that even after we get all the files, they still need to go to the expert witnesses, who take on average, a month to review them--I don't want to run into any problems with the statute of limitations. There have to be some legal ramifications for stalling to copy records, right? I am sure there is some recourse, but as of now, we have to assume it is just normal waiting. (Though if he hasn't done it yet, my lawyer will be calling or sending another release in the next few days.)

Your situation is a little different than mine; I made the decision to have surgery with this crappy guy, and I struggle with that daily--I just can't put all the blame on him, since I'm the one who didn't do much investigation. There's this really great show I love on TLC about plastic surgery called Body Work, and one of the surgeries the other day was a woman who recieved silicone injections from an unlicensened practitioner, and now her lips were pretty screwed up, and the surgeon had to fix it. I so understood what she was going through! While the surgeon was understanding and pissed that someone is out there, doing that (and so is mine, really), the woman was still angry at herself. She said that every second of the day she regrets that decision--and so do I. I feel like I have lost so much of my integrity by seeing that podiatrist. My lawyer keeps telling me that at some point, the podiatrist must accept some responsibility and I need to stop blaming myself. I know that I must reach my own personal closure, but I also need some official closure with the podiatrist, either going to court, or not.

I'm thinking that you will sign the check over to the lawyer when it comes--I'd rather do that. It'd be too upsetting to have to get the check, then write a third plus the costs away! Now, let me get this straight--your attorney is now helping your insurance company against the company where you fell? I think that's right. Speaking of insurance companies, this still blows my mind--between therapy, surgery, hospital stays, MRIs, EMGs, consultations, medication, and visits to my OS, my insurance has paid out close to $75,000 to fix the problem (and this is ongoing--the problem still needs some fixing)--and the reason the podiatrist "highly recommended" the surgery that he botched was because my insurance won't cover $75 orthotics. Can you believe it? They've now paid over 1000 times what would have fixed the problem. Now that my OS has sent me to get better orthotics (off the shelf ones that are softer so as not to affect my nerve damage), they STILL won't cover them. That to me, is unbelievable. And we wonder why we have problems with health care. This is just ridiculous.

Well, I have hope now since you've made it through this process--I'll just have to hang in there! Do something fun with a little of the money. Buy yourself something nice that you've been wanting, or take a little trip. Then pay off the medical bills after--you deserve it!

Thanks for the support. It really helps to have someone who knows!

Take care,
Karyn

HI Karyn!
I'm sorry it's been awhile since I've written. I hope things are going better for you!
I just want you to keep your patience. It's a really long road, isn't it? It just seems like it will take forever! Keep the faith, though! Don't worry about your statute of limitations. Your attorney will take care of it. If he has to file a lawsuit, then he will just to keep your statute of limitations from expiring. That's what my attorney did. He had to file just before my statute of limitations was up.

I know that show that you're talking about on TLC. The biggest diffference between you and that "lip" woman was that you had a real problem that needed fixed, unlike that woman who just wanted to make her lips look better. I really feel sorry for that woman. It was really sad to watch her, but she didn't have a medical problem to begin with. So please, don't you dare compare yourself with her! I know you probably feel guilty but it's really not your fault. Put fault where the fault is due. That terrible doctor! Even if you did all of the research beforehand, you still might have come up with nothing about him. He may have hidden his past. You thought you went to a reputable doctor. It wasn't your fault. Really.

I should be getting my settlement next week. My attorney has negotiated with my medical insurance company who paid my medical bills. They paid out $15,000, but the attorney thinks that he can negotiate that down to $10,000. Then after we pay our attorney and my insurance company, I can then get what ever is left over. :bouncing:
My daughter already has plans. The All-American Quarter Horse Congress is in town and she has already picked out a zillion things for her horse and of course herself!! Teenagers! :)
Take Care Karyn. If you want to "talk" some more, just let me know. Sometimes it helps when someone else knows how you feel. I know you've helped me quite a bit!
Talk to ya later,
Karen :)

Karen,

You have no idea how much I needed this message at this time! It's been a stressful week in terms of school and the committees I belong to at church, and especially my foot. Yesterday was my last session with my physical therapist, who is also like a therapist to me. He said that at this point, the insurance company would start denying the claims (my progress has plateaued), and also, we need to take a break to see what no therapy does. Of course if I'm in excurtiating pain, I still have visits left for the year and then we can justify them, but it's still sad. I saw Sunil last summer too (he's the one good thing to come out of the podiatrist fiasco--the DPM referred me to him), and I just get scared that when he discharges me, it means that this is the best it will ever be in terms of pain, and I'm just not ready to accept that. At this point, I do NOT think this is pain that I can manage for a lifetime! As you know, having a foot issue is so draining on top of everything else that needs to get done. I also had disappointing results with orthotics, this week, but the orthotist is willing to work with me. Tomorrow I have a visit with my OS, who is wonderful. It will be an interesting visit because I think we will make some decisions on where to go from here in terms of treatment options. We do have options though, and I would really love him to continue treating it, though I often wonder what he will do (or not do) when I see him.

In terms of legal issues, I'm not sure what's going on. I did e-mail my lawyer, but he hasn't gotten back with me yet, but you know how that goes--going to court for them comes in waves. I finally called for MY copy of the OS records. I thought I was very explicit when I returned the release, but partial records were only sent to my lawyer. The woman in medical records told me that if it wasn't in the pile of records the copy service was doing that day, she'd personally make me a copy, but that hasn't come yet, so I'm following up on that today. It's been something that has been on my mind, but not as bothersome as it had been in the past. I know the lawyer will take care of it, and I just can't worry about it this week--I'm more worried about my foot medically this week!

Lol, I have to laugh about your daughter. Horses are expensive though, I know! That's exactly how my little brothers, who are 11, are. They don't understand that I wouldn't get millions of dollars, or that my mom wants to recoup all the co-pays first! But again, do something fun for yourself. You deserve it! I don't understand why the insurance company is getting paid though, is your lawyer representing them too? Did you find out if your lawyer takes his cut off the top of the check, or will you have to pay him? It's not important, I'm just curious.

Thanks for the kind words about the TLC woman. It's just difficult for me to give the podiatrist all the blame, because I really am on top of things medically, always asking questions, always checking to make sure drugs work together well, knowing what I'm taking and why, and this just slipped out from underneath me. I know he is the one that holds the scalpel, but in this day in age, people know they have to be on top of all of their medical issues, so I do feel like I'm partially to blame. But, I do think the podiatrist was wrong in other respects, and that is why I am doing this, even though things may come out in court that make me look bad (I did take summer dance classes after the incision had healed and I'd been through some PT--though no one told me otherwise, and I was hesitant to wear orthotics.). Last summer, I sought a second opinion from a podiatrist my mom had seen in the past, and he was very critical of the first surgery. "Why would he do surgery before making you wear orthotics?" I told him that I had been really resistant to wearing them, especially since I liked "cute shoes". His response was, "So what? I'm the doctor; I make the decision on whether surgery is warranted or not. If I decide it's not, and you still want it, I still won't perform it. That is my job to make the decision." So, I think that is a defense on my part. It's funny because on one of the Body Work show, Dr. Herman told a woman that he didn't think she needed implants or a breast lift, and wouldn't do surgery. (He then commented to the producers that he would "probably be fixing her botched surgery in a few months", which may be true, but a little cocky nonetheless...) Someone on the message board was appalled and said that "Dr. Herman shouldn't do that." I didn't post back, but that poster was so wrong! Surgery--any surgery, no matter how minor--is a risk! Things can go wrong, and it is the job of the surgeon to decide whether or not it is important enough, or that the changes made would be significant enough, to take that risk. That is where I *do* allow him to take responsibility, because I don't know enough medically to make that decision on my own.

Thanks for the counseling... it means a lot.

Keep in touch! I would much rather exchange e-mails (I feel weird having this be a community topic since it excludes other posters!), but I was banned before because of it, and won't try again!

Have a great week!

--Karyn