So, you want to sue your doctor?

[Joel]

This idea has crossed my mind oveer the years, and I'm wondering if anybody has actually consulted a lawyer about suing their doctor. I know this is a VERY touchy subject, but I thought it would be interesting to discuss anyway.

In my case, the first surgeon couldn't even find my tumor, after digging around in my spinal cord. At the time, I felt lucky that I was still alive and walking, so did nothing about it. During my second surgery, I caught a staph infection, which also seemed to cause problems with my deficits. Anyway, I've been reading this very good book called "Better" written by a surgeon, who talks about these kinds of topics from a doctor's perspective. He makes it sound like it's the only way, in the U.S., to really find out what happened--to hire a lawyer, who will get information that patients cannot get on their own.

What do you guys think? Anyone actually gone and consulted a lawyer? Actually sued? Outcome?

Thoughts?

Joel

[vickie]

Hi Joel,
I've never thought about suing a doctor, murdering one maybe! But what happened to the new HIPPA laws that is supposed to make it easier for us to get ALL of our medical records? I've never met a doc yet that would give me all my records so I could learn everything about what is going on with me that they won't tell you. But in theory we are supposed to be able to access it easily.
I did have a friend in Seattle that was diagnosed with migraines that never got any better, three doctors he went to all saying the same thing and never listening to him that the pain was getting worse, finally he found one doc that did listen and did find a brain tumor, he passed on fore it was to late for him but I believe his family sued the docs and did win a monetary settlement but I couldn't tell you what the amount was.
I think you should check into suing at least talking with someone about it, at least you would know one way or the other where you stand cause it does sound like there was some problems.

[Ali-Brad]

Hi,

I went through a process here in England via a solicitor. I had several issues, but the only one that the hospital couldn't get out of was that my mri results sat on the consultant's (orthapedic) secretary's desk for seven weeks without being prioritised as 'urgent' and needing a nerosurgeons referral. I was called back purely on a routine appointment and my results were read five minutes before he was due to see me. I got an apology and a 'minute' payment.

Alison

[Cheryl55]

Hi Joel!

We haven't met, I'm an OLD member from back when there was only about 10 people! HAHAHAHA

My husband wanted to sue my PC for taking 3 years to find the tumor and for not listening to me when I told him my symptoms.
We spoke with an attorney. He wanted $500 to check the case out. He didn't take the case because he said there was no way to prove I would not have ended up as I have if the surgery had been done sooner. This guy knew that BEFORE he took our $500 I'm sure. He said that spinal surgery cases were hard to prove because there was no way to prove for sure how our spinal cords will react to surgeries and if having them any sooner can really stop the deficits we end up with . As I said, I'm sure he knew that before he took the money and waited 3 mo to tell us.

I didn't want to sue anyway, nothing was going to change what was and my PC was truly shaken up over my case, probably to the point ALL patients that have back pain get MRIs with contrast now! HAHAHA He also wasn't the only one who thought I was just a woman who needed to loose weight and exercise more, there was another Dr, a physitrist and my family, husband included! Only 2 people believed that I had something really wrong with me and they were my best friend and my chiropractor. Everyone else was sure my back hurt because I was over weight and didn't do sit ups.

Now, they think I should be over this and walking. I just laugh at them. What a bunch of dorks! It's always going to be something!

Cheryl

[Joel]

Well, what you guys are saying, is pretty much how I feel: suing a doctor won't help my situation. But I think in many cases, if you need information on what happened, hiring a lawyer might be something to consider. If you find out for instance, that the surgeon was not using any monitoring equipment, then maybe this would be a reason to go forward with legal action. Maybe doing something would accomplish a couple of things--making sure it doesn't happen again, and maybe providing some money for further treatments might make it worthwhile. But sometimes I get the feeling people are to willing to just accept what their doctors have done and not question anything.
Joel

[chickiet]

I never considered suing my docs. I'm not sure I could have anyway, since I'd have to sue the federal govt (military neurosurgeons).

But I think they did the right thing with me - getting out during surgery #1 when the evoked potentials took a nosedive. While that did mean 2 surgeries, at least I am mobile and have relatively minimal deficits (way more than I'd like, but you get my drift).

My NS told me in my first followup visit after my 1st surgery that it's tough when they're in there - they're trained to go in and get the tumor out - no matter what, but they also have to think about the patient's best interests. He said it was hard to stop when he did but he was worried I'd be paralyzed. He figured that was a worse risk than having to go back in at a later date - and I agree.

I did get my medical records from my 1st surgery - I'm such an anal person that I really like reading through everything. Anyway, it looked like they did all the "right stuff" (as if I'd know - LOL).

And my second surgery had no complications or interesting events, and they did get the tumor out. I still have a cyst and an syrinx, though...

Chris

[benchrn]

It has been a very, very long time since I posted anything. I am just a reader and don't have much to say. However, this tread hit home with me.
In today's society most people think that it is easy to file a malpractice suit. I am here to tell you that it is far from easy, if not impossible.
I had the goods on one doctor in particular. I even have the original letter that one of my doctors wrote to another of my doctors and it says "Hey ______, I screwed up!" I also have the reply letter that says, 'You're damn right _________. You screwed up big time!"
My wife contacted 5 different law offices before she gave up. (She had to work on my behalf because of my deficits.) The first law office employed the best friend of the pathologist who misread my first tissue slides. My whole entire medical file was "lost" at this law firm. The first four law firms each asked me if I was willing to take on the __________ (large, famous cancer center). And finally the last lawyer, who was wonderful, explained to me that even though I had all the evidence, he could not win this case because you can not have a proof positive tissue diagnois on radiated tissue. The bottom line to all this is that I had 29 radiation treatments that I should never have had due to a misdiagnosis by three different pathologists. My oncologist never felt comfortable with my diagnosis and he told me over and over of his concerns. He however did have to order radiation because of the three pathology reports all saying the same. It was a very famous NS who informed us of the misdiagnosis. He told us that my tumor should have been removed and not radiated. Anyhow, the whole purpose of my filing a lawsuit had nothing to do with money. I wanted to try to stop this sort of thing happening to anyone else. I guess it was more of an awareness issue. Big named places DO SCREW UP and don't you ever let anyone tell you otherwise.
Thanks for reading.

[Joel]

Ben:
This is both interesting and depressing. Given that we all hear of so many successful lawsuits and that so many of them appear to be unfounded, my first hunch would be that if in fact you were damaged by your surgery and it could have been avoided, that it would be a relatively straightforward thing to find a willing lawyer and have a positive outcome. Is there anyone out there who has had success in a malpractice suit?
Joel

[benchrn]

Well, I am damaged but not one bit of medical evidence can pin point the source of the damage. I honestly am not making this up. I do in fact spend my life in a wheelchair with NO functional movement from the neck down. I have total bladder control. I have feeling from head to toe. I can move my feet, legs, hands and arms but not to any degree of function. Many of my doctors are projecting that the damage was done when my spinal cord was radiated. I have now been told that I should have had the tumor removed and not radiated.
As I said, the first four lawyers didn't want to take on a MAJOR cancer treatment center and the last lawyer told me that because radiated tissue can not yield a positive tissue diagnosis we would never win it. Now, the statues of limitations has expired so there is no hope.

[Joel]

Benchy:
Wow. All I can say. Please know that I/we, hope you continue to come to this site, and share your feelings, knowledge, mind with us. It did not get damaged right? Are you putting it to good use?
Joel