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  • I'm planning on filing a malpractice lawsuit

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    Old 08-31-2003, 07:29 PM   #1
    kim32
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    Unhappy I'm planning on filing a malpractice lawsuit

    I found a attorney in my area, who specializes in
    medical malpractice, so i'm planning on going to him for a free consultation to see if i have a case.
    I have been to so many doctor's and no one can take my chronic pain away. :-(
    The neurologist who i saw a couple of weeks ago, said that there's nothing medically that can be done to get rid of the pain, and he said that it sounds like i have permanent nerve damage from the gallbladder surgery.
    So i have to live like this in 24/7 pain for the rest of my life. :-( just the thought of that makes me cry, well i cry everyday anyway because of the pain. :-(
    yeah i do take pain pills (ultram) but that's only a temorary solution it's not a permanent solution, i was hoping that something medically could be done to stop the pain so i wouldn't have to live off of pain pills, but by the looks of it, there's nothing medically that can be done. :-(
    alot of people have told me to file a malpractice lawsuit and i have thought about it for awhile, and now i have decided to do it. I emailed this attorney first to see if he could give me a free consultation (it states on his website that he does do that)
    and to see if i would have a case.
    Has anyone filed for disability because of your chronic pain?
    I have also thought of doing that too, but just the thought of being on disability for the rest of my life really upsets me, cause i'm only 33 yrs. old.
    I just hate this surgeron who did this to me, he ruined my life, both physcially and emotionally.
    Do you all think that i'm doing a wrong thing, on wanting to file a malpractice lawsuit??
    I have seen the surgeron twice now since my g/b surgery and all he said was that there's nothing that he can do to fix it, and that i should go to a pain clinic, which i have done with no such help!
    Kim

     
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    Old 09-01-2003, 06:50 AM   #2
    mokita
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    Hi Kim

    I'm sorry that you're still suffering so much. http://www.healthboards.com/ubb/love1.gif

    If your Gall Bladder surgery was botched to the point of you having this nerve pain forever....and the surgeon who performed is the one responsible due to negligence, then - in my opinion - you certainly have the right to sue. (well, you have the 'right' regardless...as is apparent by so many lawsuits)

    I am not familiar w/ GB surgery (or gall bladders, for that matter:rolleyes So, I don't know how common it is to experience pain from the bad gb itself, if left untreated, or when removed surgically. Those will be questions that you and your attorney will explore, I would think. I Do know that you've been through alot trying to find relief...most to no avail. Your pain, frustration, and desperation are obvious in your posts. I always feel for you when I see what you've tried...and that it's failed again.

    I wish you luck w/ your appt (when do you go?) Is the atty reputable? I think I'd want to make sure the firm wasn't one of the sleazy ones. I don't know how you'd go about that, though. Hopefully, you will get some answers here.

    As for the disability thing? It seems to me that you qualify...regardless of age. This is your livelihood you're talking about. You shouldn't hesitate to see what is available to you.

    Good luck and let us know how you make out, k?

    Karen

     
    Old 09-02-2003, 06:28 PM   #3
    It's Just Dawn
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    Kim,
    You are going to waste a ton of money filing malpractice. It is nearly impossible to file a malpractice suit for pain only. Unless you have some obvious deformity, no jury is going to award you a settlement. This applies to filing for SSDI as well. I have NEVER heard of SSDI giving in for someone for gallbladder surgery pain. I have several documented herniations as well as a previous neck fusion and even I don't qualify. Some days I can barely walk!! But you pick up your heels and you move on.

    You are letting this pain consume you. Maybe the program suggested to you may have benefitted you. The fact that you just flat out refused it without a second thought sends up red flags to me and I am sure others as well. You never know if they may have tought you relaxation techniques that could have helped. And when a pain doc suggests a therapy that is non invasive and you just flat out refuse, he is going to see you as a drug seeker.

    And while an attorney may represent you for nothing depending on outcome, they will not pay your court costs which are not cheap. I'd hate to see you waste money. I'd reconsider the therapy that the pain center offered. Obviously their suggestion holds some validity.

    ------------------
    Dawn

    Sufferer of chronic pain since July of 2001. Underwent surgery for severe herniated disc in July of 2002. Left with resulting myofacial pain syndrome.

    Currently receiving wonderful pain managememnt.

    I also suffer from three herniations in my back and have undegone every therapy known to man. Currently I am doing much better with my medication regime.

    [This message has been edited by It's Just Dawn (edited 10-03-2003).]

     
    Old 09-02-2003, 07:41 PM   #4
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    Have to ditto everything that Dawn wrote. Pain is subjective (in terms of your malpractice suit), and you probably signed a pre-op waiver vis-a-vis such things as "nerve damage". Any time a surgical procedure is performed there is the risk of myofascial or nerve damage. Sometimes this results in site numbness, sometimes it results in site hypersensitivity. I've had dozens of surgical procedures since childhood and I have some sort of tactile dysfunction at virtually every site.

    You didn't indicate how long ago you had your surgery, but my wife had a laparoscopic cholecystectomy (gall bladder removed with "scope") and she had post-op "phantom" pain for well over a year. The surgeon said it was par for the course and we found other surgeons backed his story. BTW, this was in '93 and I trusted this fellow enough to perform a modified mastectomy on me one month ago this coming Friday (yeah, I'm a guy, but we still get breast cancer).

    It sounds cold, but I think you would be throwing away good money and adding to the national malpractice tort problem to boot. You might have to wait a couple years for your pain to moderate, but you're still young.

    On the other hand, if your pain is so intense that opiates don't knock it down, I would visit an internist to see if you could get an MRI to check things out.

     
    Old 09-03-2003, 05:54 AM   #5
    sassymomof2
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    Kim ,
    I am so sorry you are going through so much, I cant say anything about lawsuit cause i have no idea how they work , But i do want to give you support. I know how you feel being in pain all the time, Its sucks, Well i just wanted to wish ya luck and hope you are haveing a better day today, Take care and god bless.


    Sassy

     
    Old 09-07-2003, 11:00 AM   #6
    twisten
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    Kim I don't know how lawsuits work there but here in Canada you wouldn't have a hope of winning. Sorry, I'm not meaning to be cruel but that is the way it is. As for therapy offered to you, if it is as you had previously described it (can't remember all the details), I wouldn't do it either. If you could, maybe repost it to give us a refresher on what they were expecting of you.

    ------------------
    Hmm where should I begin?? Crohn's disease, sacroiilitis-crohn's related, scoliosis, spina bifida occulta, chronic myofascial pain, tmjd and migraines. Still waiting for bone scan and bone density test to tell me what else is wrong with me!! Too many surgeries to list!!
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    Old 09-08-2003, 05:16 AM   #7
    mokita
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    Hi again, Kim

    I hope you are feeling better. I'm just jumping in here in response to the other posts. The fact that you "look normal" may present a problem for you....and refusing the PT may hurt you w/ a lawsuit.

    Dawn, first of all Welcome! http://www.healthboards.com/ubb/heart.gifI can see you reading this One post of Kim's and thinking "Red Flag"....but, if you went back and searched all the posts she has written, as I did when I first read one of her posts(before I replied to her)- you might see that she has really gone through alot. Pain Meds she's tried make her ill...as it does to many other cp'rs. Chances of a botched GB surgery seem, to me, a good possibility. I understand reading this - and, going thru an impossible time yourself...and not being rewarded any govt help, that you would think the worst of Kim. Please read her other posts before you judge her....that's all I'm asking. http://www.healthboards.com/ubb/love1.gif

    Dawn, I am very sad that you are being given the run-around when there are so many slackers, fradulent people out there. My father (who's now passed) stepped into an Uncovered Manhole on the job!! He trashed an already degenerating back....really did him in. He was in construction....but in supervisor capacity. That didn't keep him from needing to go up on the beams to walk around. He made the grave mistake of 'going in for a couple of days to take care of paperwork.' That did it. He was unable to get Disability - w/c - anything. He ended up alcoholic, his depression grew worse, and he ended up in a fatal accident. I get angry every time I see expose's on people receiving compensation who are out working 'side jobs' of construction w/ heavy lifting....or playing golf...etc. Where would my Dad be if he'd been 1) believed and 2) compensated? Still depressed, probably, from not being able to work like he wanted to, but...alive? Probably. So...I KNOW firsthand how it sux to be screwed over by the gov and drug-seeking, lazy, good-for-nothing people. I hope you are able to find the help you need. I hope I haven't offended....cuz that is Not my intent.

    Kim...perhaps you could add your signature, briefly describing what you've gone through including the surgery, meds, PT, tests, treatments tried, etc. It would help w/ this kind of confusion. http://www.healthboards.com/ubb/heart.gif just a thought!

    Take care!

    Karen

    ------------------
    9/22/00 24 hour labor, baby posterior, left tailbone killing me
    12/00 MRI -normal-but pain still-began taking vicodin
    2/8/02 - 2nd baby born - Csection-healthy girl
    2000-11/02 various PT + pain meds
    11/02 Referred to Neuro
    3/03 NEW MRI - slight bulge L3-L4, DDD, neural foramen,Superior aspect S1 and L5 Nerve root involvement-Neuro Refers to PM for ESI's
    (2 Rt Transforaminal,1 lumbosacral,3rd one numbed tailbone little
    5/9 - Discogram - shows Tear L4 w/ significant leak onto nerves, DDD
    Performing doc oversedated, False Negative
    7/8- Dept Head ClCl consult
    7/28 - ClevelClinic for Facet Injection, changed to Caudal Epidural after seeing xray of displaced coccyx;also,coccygeal manipulation
    8/12 - 2nd caudal inj/no coccyx manip
    8/14 -coccyx manip AGAIN
    9/25 sched appt to begin tx on Disc Tear @ ClevelClinic

     
    Old 09-08-2003, 05:42 AM   #8
    delsey
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    Hi folks,

    I have read several of your letters and the one thing that you all seem to have in common is that you have all suffered in pain for quite some time.

    Regardless of how your injuries or pain was caused, the most important thing now is to get rid of it.

    I have used Magnotherapy for a long time now and I have to say with the utmost confidence that it is one of the best natural ways of releiving pain, be it from Migraine, Menstrual cramp, Arthritis, Back Ache, the results seem to be constant.

    It works for most people with fantastic success rates, it non-invasive, natural and for me most importantly it is drug free.

    My honest opinion you would be better off to invest in some Magnotherapy products that you can use 24/7 to give yourselves the best chance of pain relief.

    You have nothing to lose and some of the better manufacurers offer a money back guarantee.

    Hope you get relief.

    If you do decide to take the law-suit best of luck.

    Regards

    ------------------
    Delsey
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    Old 09-08-2003, 11:28 PM   #9
    lostsoul15204
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    If you signed a paper called a consent to terat before your opration9 USUALLY COMES WHEN THEY ARE WHELLING YOU TO SURGERY it sYS THST INFECTION IS A SLIGHT CHANCE BUT THAT IS HOWTHEY COCER THEIR BUTT FO\ROM MALPRACTICE SUITS i HAVE OSTEOMYRLITIS IN MY SPRINEFOR OVER A YEAR THAT IS EATING AWAY MY SPINE FOR 14 MONTHS NOW, WHICH i contracted from discogram, but I signed a consent to treat and I cannot go back and sue that doc. If you din't sign then they wont do procedure Good Luck and God Bless Lost soul

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    Rick
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    Old 09-09-2003, 05:34 AM   #10
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    Lawsuits are just a waste of time in this country....unless there is death or a obvious deformity and then it sometimes isn't worth the money, time, and stress involved....unless you found a lawyer who would take the case on a contingency basis...I would never give him any money up front ..... the government is seeing to it that we as victims of botched medical procedures will never be able to sue...you got to have a very very very good trial lawyer with lots of trial experience...ask this man how much actual trial experience he has if he says he can take this case...

    I too have nerve damage from a surgery....and there is no way that I can prove this came from my surgery almost 4 years ago....I would be doing myself a disservice by even trying...the best thing that I can do is to make a complaint to the medical board, which I plan to do....now that things have gotten so bad....and just bad name this dr around town..which others have already done due to his bad reputation....which I knew nothing about at the time of my surgery....

    It would be nice if there was something in place for victims of this kind of negligence, but there just isn't anymore...I truly believe that between the doctors and the insurance companies...they are running our country...I am not a radical person but these are my beliefs from what I have gone through and have obsered from others.....save any money you have for long term care...

     
    Old 09-09-2003, 12:22 PM   #11
    turtleeni2
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    Hello
    Kim, I am going through the same exact thing as you. When did you have your gallbladder removed? I had laparoscopic surgery to remove mine in January, and I haven't been the same since
    I was only told repeatedly how I have nothing to worry about and this is such a wonderful surgery and that it was imperative that I have it done. Well, I am very sorry I did not research it further before having it done because I may have been more aware and at least made known that there are some alternatives other than having this surgery done asap. Was never talked to about any risks, so I just thought it probably just had the standard risks of any surgery. Was also never told about alot of the problems that are quite possibly expected after having this done.
    About 2 minutes after I woke up after surgery, I immediately started having terrible pain under my right rib. This continued for the 4 days I stayed in hospital Some nurses and staff members were concerned and helpful to my pain, while others would look at me from foot of bed and just stand there saying, "I don't know why you are having so much pain...nobody else ever has excessive pain with this surgery...calm down...etc..." Was given demerol for pain, which was not hardly working at all. The surgeon didn't want them to change my meds until like day 3! He checked up on me like twice and I was crying and hysterical (it hurt to BREATHE) and I even asked him like I asked some of the nurses what is wrong? There has to be something wrong, I am in too much pain!
    After coming home and everything, eventually I thought I was getting better and just healing slowly. Had 2 follow-ups with surgeon and he thought I was well on road to recovery. But when the pain continued for a few more weeks, I tried to contact him and he would not contact me back and had his secretary tell me to go see a regular doctor so I did.
    She sent me to ER for further testing (worst ER experience of my life--long story) and they couldn't find anything.
    Was sent to stomach doctor for endoscopy. Nothing wrong was found there either thank God.
    So, I gave it some time and...well...here I am still in pain! Started seeing another regular doctor last month and he thinks its nerve damage and has me on pain meds. He didn't send me for tests, but thats the conclusion he came to. I think it is quite possible it is nerve damage but am worried that it could also be in my muscle? I start Yoga tomorrow, as recommended by doctor.
    I, too, am considering suing. Don't really know how it all works, but I feel that I was not given all the important information regarding risks and post-surgery problems, just that it is such a wonderful surgery and I could probably go home the same day. All the money I have saved is gone, tax refund is gone, even a CD that was matured that I was gonna roll over is gone!!! And I am not getting paid for not working! I go day to day hoping to get to work the next day, but I can't when I am so uncomfortable and in pain and dealing with side effects! I cry alot and am very upset. I just recently have been reading up on the post-surgery problems because I needed reassurance that I was not the only one. Cause everyone I know (family members and friends) that has had the same surgery done do not have any problems and they never felt better! But, the more I read up on all this, the angrier and more upset I get. I feel I was lied to and rushed into something that I was given the impression was urgent without being given all the information.
    I constantly have to tell myself that its not my fault and try to get mind off it. But its extremely difficult when the pain is a constant reminder, not to mention all the diarhea, nauseousnous, depression, discomfort-----constant reminders that I did not have until after this surgery!
    I am not sue-happy and have never even been to court. I am not out to rip anybody off or ruin them like I have been ruined, I just want back what I have lost. I was saving for my future and all of it is gone in less than a year even though I do have insurance. All the costs of just trying to find out what the hell happened to me is rediculous and I don't think I should be penalized or punished for someone else's mistake. I still don't know what exactly happened and no one can seem to give me answers.
    I am 26 years old and I fear that this is going to plague me for a long time. I really don't think I should be sent to the poor-house so early in life to treat problems that I wasn't even aware could occur! This is making me too upset.
    Sorry so long.
    Any and all advice is greatly appreciated.

     
    Old 09-09-2003, 03:09 PM   #12
    turtleeni2
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    Hello its me again
    Was going through more posts as I am new here and I think this is the best information/board I have found!
    Its good to know we can all let everything out and be here for support for each other.
    I am going to search these boards further. I have been desperately searching for months to find out if others have similar experiences as me, and the first post I read here was Kim's.
    Kim, I would like to talk about this more with you and compare notes if that's ok. Maybe we can help each other out or something?
    Off to search some more!

     
    Old 04-12-2005, 11:54 AM   #13
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    Re: I'm planning on filing a malpractice lawsuit

    I have and have had the exact same problem that Kim does for four years. When it first started my doctor played it off as no big deal and now my ribs from front to back swell (or the tissue around them) so much that I had a TON of emergency tests including a liver biopsy. Here is a short version of my story:

    My surgery was done September 10, 2001 (1 day before 9/11) and because I was sent home on 9/11 my doctor sent me home on demerol. It took about a month for my pinching to start and I went straight to the surgeon who sent me to get tests for acid reflux. He tried to tell me my acid reflux was causing the pain by going into the area where my gallbladder was. WHAT? For four years my pain has gotten so bad I can hardly walk sometimes. I have seen every kind of doctor that exists and I have had every test possible. My doctor finally sent me to pain management where I have started getting nerve block shots to my front and back ribs. He has put me on 1 mg of Clonipin at night and taken me completely off my pain medicine. This is wonderful, except when I "pull" myself back out and I am in AGONY until I can get back in to get my shots. My doctor keeps saying there will come a time when the period of time between shots becomes longer, but everytime the pain comes back my depression kicks into high gear. My husband ends up taking me back to the hospital or Urgicare. I feel like a drug seeker and for awhile I thought I was addicted to pain pills, but after two weeks of not taking the Loratabs I was fine, until the pain hit and then Loratab was the only thing that would kill it. I tried Ultram, but unfortunately I had a seizure on it and cannot take it anymore. I started taking Loratab again this time when I was hurting and I only take one a day. It really does help better than the Panlor I was given. The Panlor messes with my head and I end up lying on the couch crying all day. I just wanted you to know that you are not alone. I have gone through four years of this and I have been told it is impossible to get this kind of damage with lapro surgery. My surgeon has retired and I cannot sue because he left when all the insurance stuff happened here in Mississippi and has settled with the hospitals. In four years I have met many people with the same condition, some whose condition was caught early enough that they do not suffer the swelling of the ribs or awful pain that I do. Good luck and I will update if I find anything else that helps with this condition!

     
    Old 04-12-2005, 03:50 PM   #14
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    Re: I'm planning on filing a malpractice lawsuit

    The tricky thing about litigation is that you really have to have a strong case to get a settlement. As has already been said, every surgeon will have you sign release forms usually during the pre-op visit which protect them from litigation of this sort. It is possible with any invasive procedure to cause nerve damage etc. In order to have a lawsuit, you would have to prove that the problem you are having is the product of actual negilgence or incompetence and not just a normal risk factor for the surgery. Your best bet might be to try to see a different surgeon or gastro dr. to get an MRI or perhaps an exploratory laproscopy to see if there is damage and what kind. From there your options will depend a lot on what is found. I wish you the best, but a malpractice suit is a hard thing to make work and we already live in an all too letigious society. If you suffered through genuine malpractice, then you have a right to sue. If it is just a biproduct of surgical risk, then your legal options will likely be far more limitied. Good luck and let us know how things go.

     
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