Welcome, Friend!

It looks like you're new here. If you want to get involved, click one of these buttons!

advertisement
advertisement
Protect anonymity
We strongly suggest that members do not include their email addresses. Once that is published, your email address is available to anyone on the internet, including hackers.

Notice
All discussions and comments that contain an external URL will be automatically moved to the spam queue. No external URL pointing to a medical web site is permitted. Forum rules also indicate that you need prior moderator approval. If you are going to post an external URL, contact one of the moderators to get their approval.
There are no medical professionals on this forum side of the site. Therefore, no one is capable or permitted to provide any type of medical advice.
This includes any analysis, interpretation, or advice based on any diagnostic test

The main site has all the formal medical articles and videos for you to research on.
advertisement

Is this Malpractice?? (updated)

kellylolvekkellylolve Posts: 7
edited 12/27/2017 - 9:23 PM in Lower Back Pain

I'm feeling pretty upset about my situation. Okay I will make my post more readable, thanks for the replies. The main issue is that looking at my MRI, the first doctor said nothing was wrong. I went a year and half seeing this doctor and did not get help for the pain. Then I went to second doctor and they looked at same MRI saying they couldn't believe the last doctor said nothing was wrong. They diagnosed me with stenosis due to arthritis and bulging disc. The EMG confirmed L5/S1 nerve damage. So another year went by with this new doctor, she only reccommended PT and shots also. But after a year she asked, "Well you tried surgery already, so there is nothing more you can do." I told her I never had surgery and then she said it has always been recorded in my chart that I did have surgery, when I didn't! So I felt she would have suggested surgery a year ago, but my records showed I had surgery. So this is why I feel the doctors are at fault, perhaps if I had surgery to relieve the pinched nerve 1 or 2 years ago, I would not be in severe chronic pain now. I see the point of how it probably is hard to make a case out of this, I guess I just feel really sad that my very limited life, due to this chronic nerve pain, could have been avoided. To update I had a second MRI recently that showed the bulging disc gone (maybe from PT and I also did Ayuerveda treatments) so surgery will no longer cure my pain, as it is due to the nerve damage that has already been done.

advertisement
1

Comments

  • dilaurodilauro ConnecticutPosts: 11,365

    Malpractive is very difficult to prove

    Plus, since they did a MRI on you and your charts said you had prior surgery, they would have had to do a MRI with and without contrast

    Ron DiLauro Veritas-Health Forums Manager
    I am not a medical professional. I comment on personal experiences
    You can email me at: [email protected]
  • If your first MRI report mentioned or detailed a specific problem under the “impression” section of the report and you didn’t vocalize that to the first spine doctor you saw then you’re probably out of gas.

    Maybe edit your post so it’s in paragraphs and therefore easier to read and follow.

    I’m having a hard time following the flow of what happened and when based on your wording and sentence structure.

  • advertisement
  • memerainboltmemerainbolt IndianaPosts: 3,433

    Hello kellylolve
    Welcome to Spine-Health

    Good point L4-L5, i too am having a hard time following this discussion. Kelly, does L4-L5 suggested, make paragrahs and break up sentences.
    So, what are your doctors doing now about your pain, is it being managed? Are you in pain management?
    I don't think being misdiagnosed is cause for malpractice. It happens every day, one doctor says one thing and another says something different. A lot of members on this forum live with chronic pain every day. And we are always trying to get relief, whether it be injections or PT, we don't give up.

    Please click on the Welcome link below and Tutorial for more information regarding the rules and navigating the forum.
    Welcome to Spine Health


    Sandra
    Spine-Health Moderator
    ---------------------------------------------------------------
    Please read my Medical History
  • I’m just trying to figure out if this involved a radiologist error. It doesn’t sound like it but I could be wrong.

    Radiologists have higher malpractice insurance than most other doctors because they’re much more likely to be sued.

    An example of why that is...

    Imagine you have a tiny bit of cancer on your MRI. It gets missed by the attending radiologist and 6, 12 or 18 months later, your symptoms have worsened so your PCP orders a second MRI.

    The second, more recent, MRI now shows that not only has the cancer grown but it’s also spread to additional organs.

    At this point you’re finally seeing an oncologist who has reviewed both of your MRI’s and notes the presence of cancer on both.

    Because of the radiology error you lost your window of opportunity to have surgery to remove all the cancer. So now, due to radiology oversight, you have inoperable cancer and die.

    The surviving family members would probably not have a hard time finding a lawyer willing to file a claim, if that’s something they wished to pursue.

    Please note this is just an example. The same could and does apply to disc bulges and herniations, albeit usually not on a scale as large as failure to diagnose cancer (failure to diagnose cauda equina syndrome promptly would be pretty serious, though, as permanent impairments can result).

  • Malpractice is VERY hard to prove in court. First you have to prove negligence, Secondly a medical malpractice attorney will charge you a pretty penny just to look at your case. These fly by night attorneys that claim if they don’t win then you don’t pay are a crock and usually handle slip and fall cases.

  • advertisement
  • Malpractice is VERY hard to prove in court. First you have to prove negligence, Secondly a medical malpractice attorney will charge you a pretty penny just to look at your case. These fly by night attorneys that claim if they don’t win then you don’t pay are a crock and usually handle slip and fall cases.
    Almost every malpractice attorney in the USA works on a contingency basis. You don’t pay anything upfront.

    However, because malpractice attorneys are attorneys and not doctors they’ll have to hire 2 or 3 medical experts at $500 an hour for your case.

    Because of this most attorneys won’t take a malpractice case unless you provide them with bulletproof evidence right out of the gate (also the damages and estimated recovery will have to be high enough to justify them paying experts $500 an hour up front).

    The slip and fall stuff you’re referring to is considered personal injury law, not malpractice law. Although many PI lawyers also do malpractice.

    The best attorneys don’t do TV commercials but rather rely on word-of-mouth for referrals.

  • Completely agree with L4L5!

  • What does it say under the “impression” section of your first MRI?

  • kellylolvekkellylolve Posts: 7
    edited 12/30/2017 - 9:31 AM

    Here is the report from first MRI. It's been 3 years and I still have constant nerve pain from the damage. I can't stand longer than 10 min, sitting is difficult, and it flares up so easily. I feel so much compassion for the people on here who have been dealing with this for so long!







    L4-L5: Minimal posterior disc bulge with mild hypertrophy of the
    facets causing minimal RIGHT neuraf foraminal- stenosis. No
    significant vertebral canal or LEFT neural- foraminal stenosis.

    L5-S1: Minimal posterior disc bulge with mild hypertrophy of the
    facets causing minimal bilateral- neural foraminaf stenosis. No
    significant vertebral canal- stenosls.

    ** IMPRESSION **:

    Minimal degenerative changes in lower lumbar spine.



  • LizLiz Posts: 8,914
    edited 12/30/2017 - 9:50 AM


    There are no medical professionals on this forum side of the site. Therefore, no one is capable or permitted to provide any type of medical advice.


    Please remember forum rules

    6.02 You agree not to ask for any analysis or interpretation of diagnostic tests (ie MRI, CTScans, EMG, etc.),

    6.03 You agree not to respond to any request for analysis of diagnostic tests (ie MRI, CTScans, EMG, etc.)



    Liz, Spine-health Moderator

    Spinal stenosis since 1995
    Lumber decompression surgery S1 L5-L3[1996]
    Cervical stenosis, so far avoided surgery
advertisement
Sign In or Register to comment.