ANA Discussion Forum

General Category => AN Issues => Topic started by: satman on November 29, 2007, 08:24:29 am

Title: Legal question,need your input.
Post by: satman on November 29, 2007, 08:24:29 am
Hello everybody,I need you educated opinions.
Before I found out I had a 8cm tumor I was starting to lose my hearing.
Keep in mind that I had never heard of A N.
This ent I went to had me do the hearing test in a booth in his office. It was confirmed I could
not hear. He reccomended putting tubes in my ears.
While sitting in his office he did this procedure while I was awake,he used a local anst.
My right ear popped open as I had sinus build-up,My A N side never popped open.
I went through this 3 times and all he could come up with was "John you have nerve damage"
Never did he mention A N, MRI'S OR ANYTHING.
My wife says I should get a lawyer,do I have a case ? YOUR THOUGHTS PLEASE.
Title: Re: Legal question,need your input.
Post by: 4cm in Pacific Northwest on November 29, 2007, 09:49:06 am
Super “8�

Well you did have nerve damage alright – that would be the “acoustic nerve�.

Did your ENT ever have an audiologist do a hearing test on you?
Did you have poor scores on the higher frequencies?
What was the time frequency of the 3 times you went in to the ENT?

I was amazed, as were there neurotologists I consulted, that mine grew to 4cm before I finally got diagnoses (I started seriously seeking kelp for vertigo and tinnitus in 2002 but have been complaining about the tinnitus for years…)

I think many of us were blown away that yours was not diagnosed until 8cm.  :o Either you are just one tough cookie who keeps ploughing through Texas snow storms without feeling pain and not in tune with your body … or you had one inept ENT. Are you one of those tough guys who simply won’t complain when you feel sick and just toughs it out … the ole “rough and tumbleâ€? attitude  ::) or did you seek help along the 8cm path and were ignored and not taken seriously  :-\ ?

Regardless of your answers to these questions… Know that you are still my super hero. :)

Keep moving forward… ;)

4 :)




Title: Re: Legal question,need your input.
Post by: Captain Deb on November 29, 2007, 09:51:13 am
Sounds like total neglect to me!  I would certanly set up a consult with a good malpractice lawyer if I were you. I don't have any Idea if neglect constitutes malpractice or not, that's for a lawyer to tell you, but it would be worth your while to find out. If I were in you shoes, I certainly would in a heartbeat, especially since he put you though three medical procedures.
Good Luck,

Capt Deb 8)(http://i235.photobucket.com/albums/ee60/Captdeb_photos/pirate2.gif)
Title: Re: Legal question,need your input.
Post by: Sam Rush on November 29, 2007, 12:03:09 pm
AN is so rare that there is always a delay in diagnosis.  You  can't prove that you were harmed by the delay in diagnosis, or that it was not standard practice.  It is frivilous cases like this that drive up the cost of medical care.  What will happen is that the malpractice  #$%^&* lawyer will get rich, and everyone with an ear complaint will have a $2000 MRI scan and ins. premiums will go up.
Title: Re: Legal question,need your input.
Post by: er on November 29, 2007, 12:51:31 pm
this is a quote form;
http://www.irsa.org/acoustic_neuroma.html
 
 between 2500 and 3000 new acoustic neuroma patients are diagnosed in the United States alone every year. And effective, low-risk treatment is available.

for my thoughts 2500 to 3000 is not rare maybe I'm wrong. ???

eve
Title: Re: Legal question,need your input.
Post by: Sam Rush on November 29, 2007, 01:47:39 pm
3000 out of 170 million is extremely rare.
Title: Re: Legal question,need your input.
Post by: Joef on November 29, 2007, 01:57:08 pm
I was luckly .. I was the second person my GP had seen with AN  so he sent me to an MRI first thing ..(and supected I had a AN, but did not tell me yet, because I had all the classic issues from hearing loss to dizziness) 

I would bet the first patient was not so lucky .. and had several tests and work done ....
Title: Re: Legal question,need your input.
Post by: Captain Deb on November 29, 2007, 02:20:44 pm
I went to my GP with the complaint of a stuffy ear and one of the first things he mentioned when I described the hearing loss as well was a possible AN. I had a diagnosis in 24 hrs. An ENT should have at least explored that possibility. Totally gets my dander up when I hear stuff like this! Sorry!

Capt Deb
Title: Re: Legal question,need your input.
Post by: OMG16 on November 29, 2007, 02:50:45 pm
Satman did the ENT do the procedure on 3 different occasions or did he try 3 times that day?  I do not agree with Sam if the tubes did not work he should have investigated further and ordered more tests.

 For you to have a malpractice case you need to prove that the standard of care was out of the normal and that you were harmed by the procedures that were done or suffered due to the delay in diagnosis.  This can be very difficult to prove.

 Some malpractice lawyers are willing to take any case.  I would research to find a good lawyer and talk to them that is the only way to know.

There are usually very strong feelings regarding malpractice and the beliefs that people have.  When people ask about certain doctors on this site sometimes what isn't said is more telling than what is said.  Always check your Doctors out before having any procedure done.  You can do this by going to the Superior Court and having all cases the Doctor has had filed (or hasn't) in the county they practice this can be very expensive but is well worth the money.  You may also need to find out what names they practiced under if they were affliated with a hospital under a fictious name permit.  We learned this the hard way as not everything is on the States Medical Board Licensing site.  This info could be helpful to many future patients.
Title: Re: Legal question,need your input.
Post by: ppearl214 on November 29, 2007, 03:08:34 pm
heck, I was complaining of symptoms the dr's thought were brought on by my pancreas issue... and *boom*... my AN and Chiari double-simultaneously diagnosed.  First head MRI I had showed nothing in the reports... go figure?
Title: Re: Legal question,need your input.
Post by: Brendalu on November 29, 2007, 03:20:25 pm
Satman,
You live in Texas, right?  My daughter works for one of the most well known attorneys in the US (think Anna Nicole Smith's mother)  and in Texas, tort reform and all of that has made it very unlikely that you would get very far in a medical lawsuit.  If you can prove negligence on his part (ENT) you might get him to settle for a small amount out of court.  You are back to work (am I correct), you didn't miss a whole lot of work, and you did lose your hearing, but not directly related to what the ENT did or didn't do.  If you had lost your ear or your nose or another body part due to his negligence you might have a case.  I would say he just isn't a very good doctor.  My primary care doc sent me for a head MRI because I fell and there was no reason for it, ie I didn't trip or step in a hole.  Her notes stated look for an AN.  I wish I had better news, but everybody seemed to think lawyers were getting too rich do they took the money out of the pot for real medical lawsuits.
Good luck and if you need a referral for your area and want to pursue a lawsuit I can get you pointed in the right direction.  You would probably have to go at in through the back door.
Good luck

Brenda
another Texas ANer
Title: Re: Legal question,need your input.
Post by: 4cm in Pacific Northwest on November 29, 2007, 03:21:48 pm
... We are not talking about small tumor here where the patient goes to see their doctor and finally gets into to see an ENT … and the ENT FOLLOWS protocol of the profession and exploring the “1 in a 100,000 chance� after doing a hearing test … to finally find the root cause…

We are talking about a patient that went to an actual "ENT" 3 times and had the wrong treatments done on him. (This is why I ask, �What was the time frequency of the 3 times you went in to the ENT?�) … it was not until it got to 8cm (not mm but CENTIMETERS) and he had major major issues that the ENT got onto this.

Read this
http://anausa.org/forum/index.php?topic=5234.msg47224#msg47224
and
http://anausa.org/forum/index.php?topic=5115.0

Walk the 8 cm path (not mm) here in someone else’s shoes… If this had reached 9 cm we may not have "Satman Super Duper Trooper 8" here today…
to brighten our days.

Unfortunately a malpractice suit can speak volumes. Fortunately someone had the courage to go after the unprofessional conduct of one surgeon I was actually considering for surgery…and I found that recorded through www.healthgrades.com … which saved me (and hopefully other patients) from choosing to work with that doctor ( I already had  major discernment flags up with them manipulating me and not speaking favorably other medical professionals in the field to the patient – which sent me researching). Medical Professional evaluations are actually necessary however; very sadly, some do not become effective- until it gets to the malpractice suit stage. Sadly it is physicians that are inept- that give the other very capable ones a bad name.

The standards will stay high as long as there are checks and balances. What is the best means for that?  Remains to be seen…




4

Title: Re: Legal question,need your input.
Post by: ppearl214 on November 29, 2007, 03:30:47 pm
let's keep this respectful, folks.

*sits back with bowl of popcorn and watches thread*
Title: Re: Legal question,need your input.
Post by: Sam Rush on November 29, 2007, 03:43:22 pm
To 4

What are you talking about???   Advising people to file malpractice suits is not good support.!!

I am very supportive of AN people, I have guest speakers for our local group, and talk to people all over the country w/ AN.  I see AN pts for free in my office.

You don't know me, all you can think about is winning a malpracice lottery. You have no idea of the amount of frivilous lawsuits out there, and the stress they can bring, and the cost to all of us in terms of healthcare.

(Sam, certain comments deleted that were not necessary/pertinent to the opening post. Please keep this on-track to original post and take all other comments offline. Thank you for understanding this need for editing. Phyl)
Title: Re: Legal question,need your input.
Post by: ppearl214 on November 29, 2007, 03:46:15 pm
Please note that this will be the last time I note the need for respectfulness in recent responses... If this continues, posts will need to be deleted. My suggestion would be to take this kind of conversation off-line in private emails.

Please keep this on track and Satman, please hang in there.
Phyl
Title: Re: Legal question,need your input.
Post by: OMG16 on November 29, 2007, 04:24:01 pm
Satman if you have any other questions please let me know.  I am here to help and will not judge you.  I have been on this forum for going on 3 years as a guest.  I just became a member this week.  I really enjoy this forum over the other brain tumor forums because the majority of the time it is comforting and helpful and you do not have to deal with the personal attacks I have seen go on forever on other forums.

Thank You Ppearl for stepping in.  If you hadn't I don't know where I could have gone.
Title: Re: Legal question,need your input.
Post by: Jim Scott on November 29, 2007, 05:17:16 pm
John:

I had an excellent experience with my PCP, who, upon my presentation of symptoms first ordered a blood test for thyroid problems and when that proved negative, ordered an MRI.  True, he was expecting to see a sinus problem, but the MRI showed my 4.5 cm - big as life - and he called me, from his home, that evening, with the news.  The local neurosurgeon he recommended didn't impress me at all (60 AN surgeries, and he was hesitant to admit it).  Fortunately, my wife's neurologist, a surgeon who specializes in spine surgery, recommended a neurosurgeon in his practice who specialized in brain tumors and had extensive experience with acoustic neuroma tumor removal.  He was a courtly gentleman in his late 60's who spent a lot of time with us and acted as if he were an applicant for a job, which, in retrospect, he was.  We quickly decided on this surgeon and have never regretted it.  He did a beautiful job of surgically removing about a third of the AN, then assisted a young but experienced radiologist who 'programmed' the FSR treatments that eventually killed the tumor.  I couldn't be more pleased with the result. 

However, had I spent time and money having unnecessary procedures done by an ENT, as many on this board have related over the time I've been a member/contributer, I would certainly be displeased.  The fact that you had a very large AN before being diagnosed is scary.  It seems as if, because hearing issues are usually the first manifestation of an acoustic neuroma tumor, many patients end up in the care of an Ear, Nose and Throat specialist who concentrates on the ears and seems to overlook or ignore the fact that there are other sources for hearing loss...such as an acoustic neuroma tumor growing in the IAC.  In my opinion, the fact that AN tumors are relatively rare is not much of an excuse for not seeking further diagnostic tests, when a patient isn't responding to various ear-specific procedures and/or, despite ear medication and procedures, his symptoms get worse, not better.  My Primary Care Physician ordered an MRI scan fairly quickly when his first guess at the cause of my unilateral hearing loss, severe decrease in appetite, dizziness, one-sided head pain and onset of lethargy proved erroneous.   Perhaps this was due to the fact that he is an internist and not focused on the ears, as ENT specialists often are when a patient presents with what seem like ear-specific symptoms.  Frankly, although I waited much too long to see a doctor for my symptoms, I'm rather glad I didn't go to an ENT first, as they often appear to slow down a diagnosis of an acoustic neuroma tumor, due to their focus on the ear itself and not what lies behind the ear mechanism.   

As for your legal options...I have no idea.  With the exception of some egregious form of malpractice, like amputating the wrong body part, I'm generally against suing medical professionals as my wife once worked in insurance claims and said that many times, these 'nuisance suits' are simply a way to get a few thousand dollars for an avaricious client and his equally greedy attorney and, as Sam Rush noted, these lawsuits needlessly push up the overall cost of medical care and heath insurance premiums.  From what you've stated, I don't see a legitimate case here but as I'm not a physician, I'm also not an attorney and cannot advise you with any degree of credibility.

That said, I would at least research a reputable medical malpractice attorney in your area and when you find one, schedule a consultation, especially as these are usually free.   He or she may think you have a splendid case or simply tell you that you have no real basis to sue.  At least you'll know where you stand.  However, I do know that these kinds of cases require voluminous documentation, expert witnesses and so on, and may not be worth the time and effort required.  That decision will ultimately be up to you.  I trust you'll act wisely - and keep us informed.

Jim
Title: Re: Legal question,need your input.
Post by: TP on November 29, 2007, 09:17:22 pm
A year before my AN was diagnosed I had bad pain in my neck and arm and had treatment from a chiropractor and a pain dr over a course of about 8 months. The pain dr ordered a neck MRI and they found some issues with my neck. The dr thought the pain was associated with the results from my neck MRI which showed some bone degenerative problems and arthritis. He put me on Celebrex and it felt a tiny bit better but a few months later I noticed I was losing my hearing. Went back to the pain Dr to share with him my hearing issues and that I thought that was related to taking Celebrex (read that on the internet). He checked my ears and looked at my face and ordered a brain MRI. The next day gotta call that I had a 4 CM brain tumor on my brainstem pressing against my spinal cord and right ventricle in my brain. Next day I met with my neurosurgeon (didn't visit any other dr's as I was in shock) and the brain MRI was very clear that I had a tumor, the NECK MRI from four months earlier showed there was a brain tumor as well. Did the radiologist miss the little golf ball on the top of my neck MRI - YES. I thought for about 2 seconds if I should be upset and then realized it didn't matter. I was just glad to know what was wrong. I was so blessed that my headaches only started about 2 months before my AN surgery and went away after my AN was removed.

I am so greatful that my pain dr listened to me. I am so blessed that my neurosurgeon did a good job. I didn't know about this website until 9 months after my AN was removed. Yes, I should have interviewed other Dr's I guess but I am so thankful that my neurosurgeon did a good job. It is 18 months since my AN was removed (plus two additional CSF leaks/meinigitis/lumbar drain and 3 eye surgeries (double vision and eye weight/insert and removal two weeks ago) and I am doing great. Sounds like a lot but it is like when I delivered my 10.5 lb baby, I forgot the pain and glad it is over!! Had my AN removed 6/5/06 and was back to work in mid August fulltime in 2006. Haven't stopped since.

 
Title: Re: Legal question,need your input.
Post by: 4cm in Pacific Northwest on November 29, 2007, 10:23:51 pm

Wow I am not sure what impresses me there the most TP …

1) you got through that incredible AN journey
2) you are thankful and counting blessings
3) delivering a 10 ½ pound baby. :o

I see there are a few super heroes on this forum. ;D

I think we are so blessed to have Satman super 8… here to post with us... after all the obstacles he has overcome.

That is a great "Keep moving forward" testimony.

Cheers,

4




Title: Re: Legal question,need your input.
Post by: leapyrtwins on November 29, 2007, 10:48:55 pm
Jim Scott -

just wanted to thank you for putting Satman's question into perspective without taking anyone's side.  You have a wonderful way of addressing an issue and I always enjoy reading your responses on this forum.  You are oftentimes the voice of reason and rationality and you have such an eloquent way of wording things.

Jan
Title: Re: Legal question,need your input.
Post by: satman on November 30, 2007, 06:08:02 am
I truly did not mean to start an argument within the family.Most of you know my story,for those who dont,here we go.
I took of work early one day to go to a DR. appt for what I thought was a blood pressure medicine
symptom. This DR. sent me for a CT. The CT revealed an 8cm tumor,I was rushed to a hospital in an ambulance for emergency surgery.This surgery went 17 1/2 hrs long. I spent 6 days in ICU, 3 of those days were in an induced coma.I spent 15 days in hospital,1 month in in-patient rehab,3 weeks in in-home rehab and 2 1/2 months in out patient rehab. 4 months later I had the 7-12 nerve jump surgery which took another 8 hours and then I had the eye weight surgery and a stitch in my eye which took
about 1 1/2 hrs. So I have about 27 hrs in this. I still have balance issues,I still walk like Ozzy Ozbourne,eating is a big chore,deaf in left ear,have to use lube,drops,etc...I finally got back to work,7 months later,I am working full time just not full capacity.Before all this I saw the ENT 3 seperate times,now being a specialists in this area one would think Acoustic Neuroma would have came to mind,granted I am no DR,but damn.
i hope now you guys realize why I asked the lawsuit question.I did get my 1st 6 month MRI results yesterday. NO RESIDUAL TUMOR !!!!!
 P.S. Without having the AN surgery,my nuerosurgeon said I would have been dead in october/07.
So knowing that, do you think the ENT should have done anything different ?
one of the big questions I am hearing is how can I prove that the ENT did any harm,well how can he prove that he did'nt ? Maybe dropping dead 6 months after seeing him would have had some valor.
your thoughts ? Believe me I dont need his money but what about the well being of his other patients ?
Title: Re: Legal question,need your input.
Post by: Brendalu on November 30, 2007, 06:30:40 am
Hurray!!!!!  Great news on your MRI!!!!  Satman, you are truly amazing!!!
Brenda :)
Title: Re: Legal question,need your input.
Post by: leapyrtwins on November 30, 2007, 07:06:13 am
Satman -

in my experience, most ENTs don't know squat about ANs.  Should they?  I really don't know.  Yes, they grow in the inner ear canal, so you'd reasonably think an ENT would at least be aware of them.  But on the other hand, they are not that common.  I'm not jumping on either bandwagon here (malpractice or not malpractice) cause I don't want to rile up the AN family again :) 

However, I think you have a great point about future patients who might be sent to this ENT.  I've spent a lot of time with lawyers, and IMO they'll be the ones who profit off of this.  If you truly don't need the money and your concern is other AN patients, maybe there are other ways to address the problem.  For example, is this ENT aware of what ultimately happened to you?  I definitely think he needs educating and maybe part of that education should come from you and your case.  You might also want to contact your state medical board and ask about possibly placing sanctions on this ENT.  I don't know for sure if this is a possibility, but maybe someone like Sam Rush can tell us.  You might also want to talk to the administrators at the hospital(s) this ENT works out of and voice your concerns.

Jan 

Title: Re: Legal question,need your input.
Post by: TP on November 30, 2007, 07:41:26 am
Satman: If it means anything my pain Dr said he SHOULD have sent me to the ENT first so they could order the MRI (assuming they would) but he said he would take the risk and order it himself. THANK GOD HE DID, because like you Satman my neurosurgeon said I had to have my AN surgery within a month or I could stroke and possibly die. All this took place less than one week of my pain Dr ordering the brain MRI and seeing my neurosurgeon. If I had waited to get an appointment with an ENT it could have been months.  I had a trip planned during the month of June (which of course I cancelled) and he said that if it "stroke" had happened there that I would have had emergency surgery as well. I had about 3 weeks to get ready for my surgery and was able to get my "Will" taken care of, pay bills and get my family, house and job in order before surgery. I went into surgery with no stress so in my situation I am so thankful for my pain Dr going outside his area and doing the right thing! 
Title: Re: Legal question,need your input.
Post by: Brendalu on November 30, 2007, 07:44:39 am
Satman,

I definitely agree with Jan 100%.  The ENT needs to be educated so that no other person has to endure what you have had to. 
My ENT had only done six of these operations in the year I had mine done.  I thought that was a lot because I had heard that these tumors were very rare.  I liked him, so I trusted him.  I didn't know that there were experts in this field because I didn't do enough homework because the word tumor scared the crap out of me and I just wanted it out of my head.  He expected me to heal and go on like everyone else he treated had.  I wasn't like the rest.  I am now on disability because after 28 months my balance is still as bad as it was the first time I tried to stand after surgery.  I am still dizzy.  I have post operative headaches and a host of other problems I didn't have prior to the AN.  My ENT kept putting me off and telling me it was all in my head.  So did the neurosurgeon.  After many tests and my PCP persisting the other problems were proven and the ENT is now taking the time to make sure that every AN patient is not treated like an assembly line where every puzzle piece fits perfectly back into place.  It was the best thing I could do for other ANers.
So, Satman, you are a smart person , use that to educate your ENT so that in turn you help more people like all of us.

Go for it,
Brenda
Title: Re: Legal question,need your input.
Post by: debora on November 30, 2007, 08:15:53 am
Satman,

Unfortunately you could spend a lot of money trying to prove that this Doctor harmed you in anyway and you could lose.
It is very hard to find another  Doctor who will testify against another Doctor, they most likely would have to go out of state and even then many states away to
hopefully find one who would take a look at your situation and then agree with you.  You would have to pay for the lawyer and doctors time and all
of the time investigating your case.   The insurance company would fight this, they have many lawyers to back them.
Sorry to paint such a bleak picture but I know someone who was going to file a malpractice suit and this is what they were told.  Good luck
Deb
Title: Re: Legal question,need your input.
Post by: Cheryl R on November 30, 2007, 09:32:02 am
I know this is a repeat  about my ENT  story.    The first one I saw in 2000 said I have Menieres and when I asked if could be a tumor that I just get anxious.      He did say come back if have any sudden hearing loss which I never did.   My loss was so gradual that I didn't really realize how bad it was.    It was my family dr who ordered the MRI eventually.           I did get a chance to see the guy later when had to take an elderly relative to him and got an apology and even tell him I was NF2.                     I have seen a number of residents now with all my surgeries and I tell them this story so they will never tell a pt such a thing.
   I was planning ahead for my 2006 surgery and at this same regional clinic,I asked ahead if a different ENT would take my stitches out so I wouldn't have to go back 150 miles just for stitches as a another ENT who is not there now had done this for me before. (Actually it was the nurse who did)           This guy refused and said he would not care for me until 6 mos past surgery.   I figured he might find me interesting as I had read in his bio that he had did a fellowship somewhere in facial nerve and it was the facial neuroma that was being removed.         As it turns out I did have some problems the last time so did go back to Iowa City after all.     
                                            Cheryl R
                                                           
Title: Re: Legal question,need your input.
Post by: Sam Rush on November 30, 2007, 09:43:09 am
Congratulations on your MRI being negative!!!   You had some great Drs.  How are you going to celebrate??
Title: Re: Legal question,need your input.
Post by: satman on November 30, 2007, 09:59:21 am
being we celebrate things in Texas with Tequilla,I feel Tequilla shooters heading my way .
tomorrow will be a good day for being hungover at work.
Title: Re: Legal question,need your input.
Post by: satman on November 30, 2007, 10:05:33 am
I just want to make this clear,I do not care about the monetary side,I am however concerned about the people that put faith in this guy.
also I dont know if there is a differance between malpractice or misdiagnosis.
I know my spelling could use some work,but hey,I had a brain tumor.
Title: Re: Legal question,need your input.
Post by: ppearl214 on November 30, 2007, 10:18:29 am
I just want to make this clear,I do not care about the monetary side,I am however concerned about the people that put faith in this guy.
also I dont know if there is a differance between malpractice or misdiagnosis.
I know my spelling could use some work,but hey,I had a brain tumor.


I wonder on this, then.... instead of medical malpractice... what about State Board of Registration reporting instead?  Now, what would be the chances of finding other patients of his that may have also run into the same situation, then report to the AG/State board of Physician licensing boards.....

*taps fingers on keyboard*....  just a thought that came over my brain tumored head :)

Hang in there Satman!  I'll take that Tequilla shot, btw!
Phyl
Title: Re: Legal question,need your input.
Post by: 4cm in Pacific Northwest on November 30, 2007, 10:25:45 am
Satman,

RE you wrote
“Believe me I don’t need his money but what about the well being of his other patients ?â€?  

Here are some resource links to look at. When patients research a medical practioner...
 eg www.healthgrades.com
...not just malpractice suits will be revealed but also citations with their certifying medical boards. Highest levels of professionalism are expected to be obtained… by these governing bodies… at all times.

http://www.aboto.org/moc.aspx

http://www.aboto.org/cert_search.aspx

http://www.entlink.net/academy/policies/ethics.cfm

https://www.theabfm.org/moc/part1.aspx

http://www.tmb.state.tx.us/consumers/complain/complain.php


I am so pleased to read of your progress. I think the forum is blessed to have you with us.

I really appreciate your contributions :)

With sincerity,

4



Title: Re: Legal question,need your input.
Post by: satman on November 30, 2007, 10:33:21 am
Dear 4,you know how I feel about you.
I feel blessed to be a part of this thing,I would have rather found you guy a different way though.
I just think its great to care about so many of you without have ever met you.
enough of the boo-hooing already.
Phil,I got your back tonight on the shots,guaranteed.
Title: Re: Legal question,need your input.
Post by: Captain Deb on November 30, 2007, 03:00:57 pm
being we celebrate things in Texas with Tequilla,I feel Tequilla shooters heading my way .
tomorrow will be a good day for being hungover at work.

This here one's for you Satman!
(http://i235.photobucket.com/albums/ee60/Captdeb_photos/tequila_bottle_with_worm_lg_clr.gif)
We love you!

Capt Deb(http://i235.photobucket.com/albums/ee60/Captdeb_photos/emoticon___pirate_by_anya1916.gif)
Title: Re: Legal question,need your input.
Post by: Captain Deb on November 30, 2007, 03:10:19 pm
Jim Scott -

just wanted to thank you for putting Satman's question into perspective without taking anyone's side.  You have a wonderful way of addressing an issue and I always enjoy reading your responses on this forum.  You are oftentimes the voice of reason and rationality and you have such an eloquent way of wording things.

Jan


You got that right!
Jim doesn't post much, but when he does, it's informative, unbiased , true, from the heart and to the point. Thanks again Jim.

Capt Deb 8)
Title: Re: Legal question,need your input.
Post by: satman on December 01, 2007, 05:28:43 am
I ate the worm ,literally,for you CAPT DEB.
I had one to many shots for you phillis,always fun going to work at 4:30 am sat morning hungover....
Title: Re: Legal question,need your input.
Post by: Janet on December 06, 2007, 12:31:46 pm
4 elements are necessary in a malpractice lawsuit. Without all 4 there is not a case. Here are a few questions that might help you. I have never worked in the legal field but am an RN with a medical parlalegal certificate. I worked in labor and delivery and in the OR for years and was never involved in anything legal. It was always in the back of my mind, what if I overlooked something? Anyway, hope this helps.

1) Duty:  Is it the doctor'duty to treat and diagnose? Generally, this is yes,  if you went to a doctor for treatment. (An ENT sitting next to you on an airplaine does not   
    have a duty to diagnose your AN when you tell him your symptoms.)
2) Negligence: Did the doctor fail to meet the standard of care? (Would most doctors in the area have treated you differently.)
3) Damages:  Did the failure of care cause damage? (Would the outcome have been better if the care was different.) No damage, no case.
4) Proximate Cause: The plantiff must prove that the defendant's negligence was the cause of the damages. (Damage from the AN and additional damage from delayed
    treatment would have to be seperated.)

If the answer is yes to all these then you might have a case. If you just want to warn other patients, then you might see how your states medical review board works.

Janet
 
Title: Re: Legal question,need your input.
Post by: lori67 on December 06, 2007, 01:26:39 pm
I think another thing you would need is to have another doctor testify on your behalf that the treating doctor was negligent.  Many doctors are not willing to do that.

My 2 cents.  Now, Phyl, please pass the popcorn....Is there any tequila left?
Lori
Title: Re: Legal question,need your input.
Post by: pattibobatti on December 06, 2007, 01:56:30 pm
Hey, Mr. Satman,

I called ya few days ago!!  Give me a ring!!

Just wanted to tell you all that I had an experience with contacting an attorney after my AN surgery.  I had to have my cornea replaced because the doctors did not protect my eye well enough during the 11 hour surgery. I had lots of complications after the cornea surgery, too.

The attorney believed I had a case, however, she would not take it because she thought there would not be enough money rewarded to make it worth her while.  A few years ago, a new law to put a cap on mal-practice suits was approved.  We can no longer sue doctors for more than $250, 000,000.  So, because of that, she declined.

I was told that it was very costly to put the case together  and quite honestly she was not talking very  many medical  mal practice cases  since the new law came into effect......

That's not very good news of course, but I thought it might help some of you.

Patti
Title: Re: Legal question,need your input.
Post by: ppearl214 on December 06, 2007, 02:22:59 pm
*passes Lori shot glass and bowl of low-fat, buttered popcorn* :)

I think another thing you would need is to have another doctor testify on your behalf that the treating doctor was negligent.  Many doctors are not willing to do that.

My 2 cents.  Now, Phyl, please pass the popcorn....Is there any tequila left?
Lori
Title: Re: Legal question,need your input.
Post by: Battyp on December 15, 2007, 10:03:05 pm
Hey share the tequila..who's driving??
Definitely not satman as he's a celebratiing!

janet that is pretty much what the attn's I talked to said.
Lori my current ENT told me to sue my diagnosisng ent as he dropped the ball and my damage was caused from a delay in diagnosis. Yes, you could have picked me off the floor in shock over that one.

Patti what state are you in with the cap? They tried to pass that in Fl but it failed.
Title: Re: Legal question,need your input.
Post by: Jeanlea on December 15, 2007, 11:16:18 pm
I guess I should  be very happy with my ENT.  I live in a very rural area.  I went to a town about 30 miles away with a population of about 12,000.  After complaining of a slight hearing loss, I was given an audiogram.  It came back saying that I had 88% percent speech recognition in one ear and 100% in the other.  The ENT ordered an MRI looking for an acoustic neuroma.  It was measured at 3.5 cm.  Two days after finding out that that is what I had, the ENT had made an appointment for me with an ENT that did that kind of surgery.  My original ENT had done his training at the same teaching hospital.  I had surgery a month later.  And to think I only went to the doctor out of curiosity as to why I had a small hearing loss.

Jean
Title: Re: Legal question,need your input.
Post by: Omaschwannoma on December 17, 2007, 08:05:09 am
I too have often wondered why on earth it took sooooo long for my diagnosis. 

Maybe I could blame my GP that, back in 1991, scheduled me for MRI w/o contrast for suspected brain tumor due to one-time moment of not knowing where I was. 

Had another so called specialist in my town (Otolaryngologist/Chief of Staff) diagnosed me correctly, my hearing could have been spared.  I went to this guy for constant tinnitus where he then proceeds to put the "ear muffs" on me, but forgot to turn down the volume before he started the tone testing.  I jumped out of my chair on the first tone as it was incredibly high!  Anyway I ramble.....mind you he is not an Audiologist, but he felt my constant tinnitus and mild hearing loss was due to a Bruce Springsteen concert oh, about 8 years prior and also that I'm getting old, was 36 years young then! 

Maybe I will blame all the allergist I saw for one year of shots for severe allergic asthma (had weird anaphylaxis-type moments and carried epipen) only to tell me after one year of shots, I didn't have asthma and would I like to see her psychiatrist husband as she felt it was "all in my head".  By the way, the anaphylaxis episodes have never happened since my AN surgery--go figure! 

Saw another "specialist" for drooling, and sensation something was stuck in my throat only to go through endoscopy to find out nothing was seen, take "the purple pill as prescribed and call him later", which I did to tell him the symptoms still persist, whereby he tells me there is nothing seen on my report, and if my symptoms persisted let him know!!!  I wanted to shout back at him "Whaddya mean IF MY SYMPTOMS PERSISTED?!  HEY, THEY HAVEN'T GONE AWAY!  Didn't I just get done telling you this?!" 

Kept telling my GP the moments of bad balance, fear of heights, constant tinnitus, were still there, but now something new has arrived on the scene, my left ear is leaking fluid.  To which he agreed, stuck some sort of monitor in my ear and said it showed discrepency, but did nothing and sent me home with the dx of "stress, try to relax." 

Went to see chiropractor for his dx of fibromyalgia and he got a pocket full of $$!  He didn't help me at all. 

Saw pulmonologist who couldn't explain the weird not being able to breath episodes so put me on inhalers of steroids, and bronchodilators only to have symptoms persist after about a year of that nonsense! 

Finally my GP sent me to ENT because I told him I couldn't hear out of my left ear and thought I needed to be fitted for hearing aide

This ENT/moron did the right thing by ordering MRI with contrast, but sent me way out of town to a MRI facility that was scammin the insurance companies (double billing, and they finally got caught), why didn't he just send me to local hospital?.....hmmmmm because the moron was probably taking a "kick back from this facility!"  Well, he took his sweet time in getting back to me telling me "sorry, you have a brain tumor, needs to come out right away, go see Dr. so and so!" 

With many years of misdiagnosis where does the blame lay?  Can I really blame anyone?  What a bunch of overpaid, no good, blah, blah, blah.......

Hey Phyl, move over I'm having popcorn with you!
Title: Re: Legal question,need your input.
Post by: danijake on December 17, 2007, 08:50:17 am
I blame getting married to someone who was still in love with his ex. I am now divorced!!!
Or maybe the surgery I had in 2002. I don't know, Heck, maybe it was the Southern Comfort!! Or the Crown! Maybe the Tequila. My drinkin' days are over now. Bummer :'(
Title: Re: Legal question,need your input.
Post by: Sam Rush on December 17, 2007, 09:49:31 am
Who's overpaid??????? !!!!!!!!

Pass the popcorn, no butter please, and diet pepsi.

Thanks

Underpaid MD
Title: Re: Legal question,need your input.
Post by: ppearl214 on December 17, 2007, 10:14:48 am
*slides fat rear down the sofa, passes popcorn and beverage down the line to those sitting back and watching this thread*


In the long run..... it is worth trying to play the "blame" game and do the "what if's"?  Keep it clean folks. I'm watching this one like a red-tailed hawk.

Phyl
Title: Re: Legal question,need your input.
Post by: satman on December 18, 2007, 05:01:50 am
I just wanted to update everybody,I have talked with a hard nose lawyer and no big surprise,
I dont have a case worth fighting.
looks as if the burden of proof lays on me ,as usual with all victims.
I would have to prove that his incompetance played a roll in my unfortunate turn of events.
I would have to have a DR testify against another "so called" DR. and we all know they have thier own little "so called" club ,basically as I see it "NO JUSTICE".
The way I see it is he deserves a good ole fahion Texas ass-whoopin !
Title: Re: Legal question,need your input.
Post by: Omaschwannoma on December 18, 2007, 05:30:11 am
Commence with the "whoopin" as I will take pleasure watchin this one.  You are so right about fighting the "boys club" being futile.  Now let me get comfortable with popcorn sippin my Russion vodka!
Title: Re: Legal question,need your input.
Post by: Brendalu on December 18, 2007, 06:01:50 am
We could all play the "blame" game with someone, but isn't it true that each and every one of us should really be thankful that someone finally had the right diagnosis and did the right thing?  A lot of us lost our hearing, didn't get back the balance we once had, have trainwreck headaches and the list goes on.  Whenever I start to feel sorry for myself for all that has happened to me, something "knocks me up side the head" and I hear, see or read about someone who is so much worse off.  Kind of brings the thankfullness back.  For everyday I wanted to end my life because I wasn't the same and I had lost more than I could cope with, I have ten now that I am so very thankful for having.
I agree that some doctors should be taken to task over not really doing their job and causing us more pain than necessary.  Elected offficails shouldn't have been allowed to cap the lawsuits, in Texas anyway.  I say, spread the word on the doctor who did you harm, so that it will help others not have to endure what you have.   What is that saying?  Someone who gets good service, advice, a good deal, will tell one other person, but a person not happy with the outcome will tell everyone they know and see.  Does a lot of damage.
I say, tell the doctor first what you are unhappy with and why.  Give him or her a chance to answer.  If it isn't what you want, like or need, then carry it further.  Consumer complaint reporters love juicy stories.  This has just been my two cents.  Now where is that bowl of popcorn??
Title: Re: Legal question,need your input.
Post by: Sam Rush on December 18, 2007, 08:45:40 am
There no longer is a "club" . Lawyers can hire anyone to say anything under the guise of being an "expert"

The problem with Satman's case is that the Dr. DID NOT GIVE HIM THE AN!!!  True, there was an un-necessary delay in diagnosis given his symptoms, but unfortunately that is not unusual w/ AN's.That is not malpractice, just not very good care.  Malpractice would be if the surgeon left something in his head, or ignored a post-op problem, causing death or disability.

Case in point: I had a pt. who weighed 350 lbs, and was a heavy smoker, resisted all my documented efforts to change his lifestyle, had negative cardiac stress test which is about 90% accurate in diagnosing coronary heart disease. He died suddenly at age 42 of a massive heart attack. I comforted his grieving young widow who thanked me for all the care I gave him.  Later she sued me for WRONGFUL DEATH saying I should have done an angiogram, which would have diagnosed his heart disease that the  stress test missed. I was devastated, first malpractice case in 30 yrs!!.  My lawyer hired several experts who testified that my care was standard and appropriate, and it was assumed the case would be dropped. He never had chest pain, or sx. of coronary disease, therefore.  an angiogram was not indicated.  To my dismay, my Ins Co. insisted I settle for 120,000 because of his young wife and children, a jury might give a huge verdict on sympathy.. I agreed, and now it is a permanent part of a public record that I was guilty of a wrongful death, and , my ins. premium went from 6000 to 15000, causing me to raise my fees..

So now, guess what?? I order angiograms that are frequently un-necessary at great expense to the ins. co's and pts, 

Oh Oh  I think I'm venting, wrong thread. !!

Pass the popcorn, no salt or butter!!!


Title: Re: Legal question,need your input.
Post by: Brendalu on December 18, 2007, 09:07:25 am
Sam, unfortunately there will always be people who place the blame on someone else.  It is far too easy to blame someone else than take responsibility for one's own lifestyle.  I'm truly sorry that happened to you.  Satman, I still think that ther should be a wake up call for your ENT before what happened to you happens to someone else.
Brenda
Title: Re: Legal question,need your input.
Post by: Battyp on December 18, 2007, 12:04:13 pm
Sam there are those that will sue over anything...I'm thinking coffee at McDonald's.
Did the insurance company tell you to settle as it was cheaper than fightining it in court? I know the school board will settle frivolous lawsuits instead of fighting them as it is cheaper in the long run. My favorite which still ticks me off is a wiccan family sued because graduation ceremonies were held in a church which is the only facility in the area to house the number of people for graduation under A/C which in Fl is crucuial in May. The venue is changed to a crowded gymnasium where people in dress clothes get to climb bleachers with no a/c and limited parking to accomodate a family who was not a recognizable faith and who graduated several years ago. The family got a cash settlement. I honestly think each graduating class should be allowed to pick their own venue based on majority rules anyone who isn't happy can be given their diploma in a small school function.
Ok, back to the popcorn.  ;)
Title: Re: Legal question,need your input.
Post by: OMG16 on December 18, 2007, 12:28:04 pm
Satman I'm sorry to hear this.  I know how devastating hearing this can be.  Texas and California both are set up to give the Doctors the upper hand.  There are cases of malpractice that are not pursued in these states due to the Doctor friendly laws.  Unfortunately this only continues to harm future patients.

Take a few days to let this all sink in and then you can go to the medical board and file a complaint if you wish.  Do not talk poorly of this Doctor to others.  This Doctor can then file a defamation of character suit and you wouldn't want to go through that.

Take care of yourself..........16
Title: Re: Legal question,need your input.
Post by: Sam Rush on December 18, 2007, 01:38:32 pm
Doctors don't have the upper hand anywhere, lawyers do!!!!
If it wasn't for caps in Calif., medical and ins. costs would be much higher, and lawyers would be even wealthier., all passed on to the consumer.

How do you think candidate John Edwards, made his billions??

(answer,  suing Dr's in a state w/ no cap)
Title: Re: Legal question,need your input.
Post by: ppearl214 on December 18, 2007, 01:52:45 pm
A-HEM!!!!!

Let's keep politiks out of this, ok? Unless this is a dicussion of a politician with an AN, let's keep this on track and in line with the opening post. 

*takes back bowl of popcorn*

Title: Re: Legal question,need your input.
Post by: OMG16 on December 18, 2007, 04:34:15 pm
I'm only here to support a person who is in need of some comfort and support.  It does not matter what any of us believe this is his experience and not the place or time to debate this. 

Satman I'm sending you many hugs.......16
Title: Re: Legal question,need your input.
Post by: Sam Rush on December 18, 2007, 05:10:11 pm
OK  If you're only here for hugs and to give support, why are you incorrectly stating there are DOCTOR FRIENDLY LAWS IN CERTAIN STATES??   You can't have it both ways without expecting a reply.

Title: Re: Legal question,need your input.
Post by: danijake on December 18, 2007, 05:40:03 pm
Fight nice kids!! :o I know this is frustrating for all. Satman, I'm sorry about your situation. It really stinks when something like that happens. I just fired the incapable Doc and hired a new one. Now I tell everyone I talk to about how he(the incapable Doc) over medicated me THREE times and then told me to see a shrink because my headaches were "all in your head"...Ya think? ::)
Title: Re: Legal question,need your input.
Post by: OMG16 on December 18, 2007, 05:41:18 pm
I will not be engaging in a debate I posted a response to Satman and do not want to get into this with you.  You have your experiences and I have mine.  Please start a another thread if you want to debate Medical Malpractice in California and Texas.  I did not mean to offend you if I have.  Thank you 16
Title: Re: Legal question,need your input.
Post by: yardtick on December 18, 2007, 05:57:32 pm
I was told my neuroma was missed because my symptoms did not present properly.  Who knew?  Headaches, dizziness, numbness and twitching in the left side of the face, hearing loss, fullness in the ear and oh yeah tinnitus.  What's missing?.......pass the popcorn, I like lots of butter!

Anne Marie
Title: Re: Legal question,need your input.
Post by: Omaschwannoma on December 18, 2007, 06:19:38 pm
Sam,

Thanks for the explanation of doctors, lawyers, suing, etc.  I agree with what you said regarding high cost of insurance due to this, as the same can be said of home owners insurance and natural disasters.  But what about being diagnosed early on so patient doesn't lose hearing?  That's why I started the survey of people who present with "balance issues" first before their hearing comes in to play.  I would like to present this to doctors to educate them so Joe Normal doesn't suffer needlessly. 
Title: Re: Legal question,need your input.
Post by: Omaschwannoma on December 18, 2007, 06:21:26 pm
Oh yeah forgot,

Hey!  Phyl no grabbing the popcorn and running.  Ever hear of sharing?  NOW PASS THE POPCORN!
Title: Re: Legal question,need your input.
Post by: Sam Rush on December 18, 2007, 07:04:54 pm
Karen (Arushi)  Good point!!.  I'm wondering how many cases of AN I must have missed in my 38 yr career, by not thinking about it. Mine, was the first case I ever saw. A pt. w/ balance, hearing, tinnitus problems, I would never have thought of AN. Now, I order lots of MRI's w/ any suggestion of AN sx. So, experience and education is the key to earlier diagnosis.  I personally was extremely lucky, in that the ENT I went to for my lack of hearing had done a fellowship w/ Dr. Brackman at HEI, so AN was the first thing he thought of. I thought he was nuts!!, Told him to just clean out the earwax, and I'd go home. He said There was no earwax, MRI next day = AN.  My excellent internist, thought that my balance prob. and hearing was from some blood pressure meds I was taking, and I agreed w/ him for one year. He feels terrible now, but I told him it's not his fault we don't usually think of rare things.

Anyway the ANA is dedicated to education which should help make diagnosis easier in some people. 

Title: Re: Legal question,need your input.
Post by: ppearl214 on December 18, 2007, 07:18:53 pm
oy....

*shakes head slowly side to side*

oy...

*passes fresh-popped buttered popcorn down the sofa to the next in line*
Title: Re: Legal question,need your input.
Post by: lori67 on December 18, 2007, 09:09:30 pm
Better crack open another bottle of tequila to wash down that popcorn...
Title: Re: Legal question,need your input.
Post by: TP on December 18, 2007, 09:29:31 pm
I've read thru the posts and this has been a very interesting subject. I may not agree with everyone but I appreciate everyones opinion. We normally base our opinions on our own situations or life experiences and many of us are very passionate with our beliefs - which is a good thing!

Satman, I think the fact that you had an 8CM AN should be used to be a positive situation. You went thru such an ordeal and you are alive!! What a testimony you have to share with others. Hope you and your family have a blessed holiday and a joyous New Year! 
Title: Re: Legal question,need your input.
Post by: ppearl214 on December 19, 2007, 09:43:37 am
Satman, please allow me to state the following... as we are trying to make sure that all stays on track and you obtain the respectful info you need to help you with your question.



With full support of the ANA, as discussed with them directly, please note that we will no longer tolerate the name calling, bullying, degrading comments (also noted in private emails to us).  This is a health-related website.  We understand the nature of the beast (discussion forums on the internet) and will no longer tolerate "herd" mentality, backstabbing, etc.  Additional steps will be taken if lack of respect is demonstrated and the ANA is in full support of these possible necessary actions.  We are adults... let's act like adults.  This thread is an important thread and of vital interest to many that have been misdiagnosed when it came to their AN diagnosis. We understand this thread will be stir emotions in us all.   Please be respectful, please be supportive, this is why we are here.  Any form of disrespect shown between forumites will be noted and proper actions taken.

Satman, I am sorry this had to be posted in your thread.  Your situation warrents this kind of discussion and hoping many will continue to shed light to help you with this.... please hang in there.

Phyl
Title: Re: Legal question,need your input.
Post by: lori67 on December 19, 2007, 09:48:32 am
I'll share my tequila with Satman.  i think he deserves it!  Bottoms up!   :)

Lori