Author Topic: lawsuit possible  (Read 9265 times)

alibauer

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lawsuit possible
« on: July 28, 2005, 08:50:42 am »
Wanderer's post got me thinking of my own medical blunder. Here's the situation:

Just over a year ago I had an inexplicable seizure in my sleep, the first and last of my life. The next thing I knew there was a blur of paramedics, an ambulance ride, and an ER nightmare. Having ruled out a lot of other causes, they eventually scanned my brain for tumors (MRI). That came up clean, as far as they told me. I never saw the images myself, and didn't think a thing of it in my exhausted state (seizures really make you tired).

The question is: was the MRI really all clear, or did they miss my tumor? It is a year later and I have a 4cm tumor on my cranial nerve, C4 vertebrae. Either the scan was clear and this large tumor is likely malignant or they missed the tumor altogether. After reading how rare malignant nerve tumors in this region are, I'm starting to think they missed the tumor. If they did, they've imperiled my health, or in the very least, my hearing and nerve function.  >:(

We'll see. I have a follow up with my ENT to review the CT scan taken Monday after my MRI revealed the tumor. I had the hospital send my picture records to my doctor for his review. If they missed the tumor, I'm getting my treatment squared away and then going straight to a malpractice attorney.

I guess I sort of want your opinions. Am I nuts or paranoid to be thinking along these lines? Am I crazy psycho for wanting to sue?  ???

I'm going to be really angry if there is a hint of malpractice and I don't know how else to make myself feel vindicated other than suing. Anyhow, opinions and advice welcome.

Thanks!

wanderer

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Re: lawsuit possible
« Reply #1 on: July 28, 2005, 10:56:26 am »
Yes I agree,   

I have gone through everything for 7 months so far and even I didn't think that it was malpractice.   So many others want to blame others,   while it may be that some mistakes were made in my treatment.  I never approached it from a getting even position.

That is why I asked others what they thought.   It's good to get peoples views who are removed from the situation.

I was very pleased when I was two days out of my first surgery feeling great and at home.   My troubles started later.   Even now I just want to be fixed.   I also don't want to lose everything I have.    So I am hoping for a solution and the ability to get back to work.

alibauer

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Re: lawsuit possible
« Reply #2 on: July 28, 2005, 12:23:40 pm »
We'll see. It's not about "getting even", wanderer, it's about retribution for treatment that could have cost me my life or at least some quality of life. Plus, if they screwed up and I have a malignancy, the $$ would go a long way toward those medical bills and ensuring we won't be bankrupt.

I hope they didn't mess up, trust me! I hope my CT scan shows no sign of the tumor and that the MRI was wrong. Fat chance on that one. Truth is, I hope they DID mess up. It's not because of the money that would mean, it's because I hope my tumor was there over a year ago, and therefore hasn't grown 4cm in one year which almost always means malignancy.  :(

alibauer

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Re: lawsuit possible
« Reply #3 on: July 28, 2005, 07:21:14 pm »
 Of course I'm angry! That goes withougt saying. I will never stop being angry at doctors who have imperiled my life - that is, if they have indeed done this. I think this is normal, as you said. Can't imagine wishing for heart disease.

Thanks a bunch for the comments, you are right on and awesome!  ;D

Rhonda

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Re: lawsuit possible
« Reply #4 on: July 31, 2005, 06:15:45 pm »
Just a point to keep in mind...I'm pretty sure the MRI needs to be done with contrast ("dye injection") for the AN to show up on the slides.  I know this because my primary doctor ordered an MRI without contrast, but when I filled out the paperwork at the Radiologist's lab they told me I  needed to have one with contrast because of the symptoms I had.  Thank goodness SOMEBODY knew what they were doing!   Good luck.
R

Goldineye

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Re: lawsuit possible
« Reply #5 on: July 31, 2005, 11:50:07 pm »
Hi , You can have a AN tumer growing for many years at a slow rate. But as in my case I had one growing rapidly. It is not commom but does happen . SO don't worry too much it can be an AN. I am also filled with anger. It is normal to feel the way you do. But it does get easier. I had complications that left my face paralyzed on the left side.The docters SEVERED my facial nerve. And guess what... They told me they don't know how it happened. Anger sucks .But every breath I take, every new day I see ,hearing my childrens laughter,is enough joy for ME ! Keep in mind all thats good and great around you. Especially when you feel down or angry. And always remember that there is always someone worse off.Trust me,I know it is a hard thing to do but try. Good Luck and keep us informed. God Bless
Lori
3.5cm removed April7,2004
N.Y.U, New York

alibauer

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Re: lawsuit possible
« Reply #6 on: August 01, 2005, 09:55:35 am »
Goldineye,

Oh my GOSH! I am SOOO sorry that that happened to you. If I were you I would absolutely sue. That's a devastating outcome and they absolutely cut it themselves, accidentally or not. Inexcusible. I don't even know what to say. These are not people that should be performing surgeries. In the very least, they should have to absorb a sharp jump in malpractice insurance premiums as a result of what their carelessness/stupidity/ignorance has done to you. God bless your attitude, and stay strong.

Rhonda,

Not only was my first MRI done without contrast, even though they were looking for the cause of a seizure and from testing had determined that I am NOT epileptic, but they stopped with my brain. I have a hunch it could be argued that they should have looked a little further than just the brain considering toxicology was immaculate and every other test under the sun was run and showed nothing at all. I also think contrast should have been used. I'm sure a good malpractice attorney could at least get us a settlement that would help with the out of pocket stuff. My tumor is pretty big and it makes me nuts that it could have been caught over a year ago and perhaps removed with no or very little loss of function.

Okay, the rant is over. I'm focusing on getting better first and trying to put that ever-so-deserved grudge out of my mind. I think anyone that has to put up with botched medical work and handles it like Goldineye is amazing. However, I think they should get something for pain and suffering, or in my case, for the possible imperiled state of my health and quality of life as a result of carelessness.

Did I say my rant is over? Taking deep breaths... ;) Thanks so much for everyone that's responded - for caring and for being so inspiring!

Mary 117

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Re: lawsuit possible
« Reply #7 on: August 01, 2005, 12:16:00 pm »
Hi, just another story. My first MRI was done without contrast and they said I was just fine. 1 1/2 years later, another MRI with contrast, a 2 cm tumor existed. I never thought about being angry, I was just relieved to know why I wasn't doing well and that it really was"all in my head". I actually had a doctor tell me to see a counselor because he thought I was having anxiety attacks. (I have a different Dr now)

I have also found that sometimes having a larger tumor isn't all bad. The brain has had to adjust to certain nerves not functioning properly so when they removed it, I didn't suffer from many of the post-surgical issues that smaller tumor patients have. I'm 10 weeks post surgery and so glad that my life is moving forward.

This really doesn't answer anything or give you much help but I know how difficult it is to take care of all the physical and emotional parts of the life that you now have to lead and sometimes just knowing that someone is listenig can make a difference.

Take care of yourself first,
Mary
2cm x 1.5cm AN, Middle Fossa, Dr. Brackmann  05/24/05
Mild hearing loss, mild facial weakness, no balance issues

"well behaved women seldom make history"

matti

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Re: lawsuit possible
« Reply #8 on: August 01, 2005, 02:24:29 pm »
Mary - I can totally relate to your story, as my doctors (specialists) kept telling me that my symptons were all in my head. They kept wanting to refer me to a psychologist. I refused  and kept following my "gut" feeling that something wasn't right. I know my body better than anyone else! My tumor was 3.5 cm and was pushing on the brain stem, when I woke up from surgery, everyone kept telling me I should be dizzy, but I wasn't. Before surgery I had lost 86% of the balance on my left side, so my brain had been compensating all along for the loss. The body truly is amazing.

Glad to see you are on the road to recovery, have a wonderful day!

matti
3.5 cm  - left side  Single sided deafness 
Middle Fossa Approach - California Ear Institute at Stanford - July 1998
Dr. Joseph Roberson and Dr. Gary Steinberg
Life is great at 50

alibauer

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Re: lawsuit possible
« Reply #9 on: August 01, 2005, 02:49:17 pm »
Hi Mary and Matti,

Maybe the doctors have a hard time taking us seriously because we are women? I hope that's not true, but I wouldn't be surprised.

I think you are both amazing. My tumor is about half the size of each of yours and I'm completely freaked. I hope some of each of your courage rubs off on me and that I'll be wiser and more able to help others on this site once I'm post-op and my perspective on the whole thing begins to take a real shape. Right now, it's just too freaky to be wise!

Ali

Sue

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Re: lawsuit possible
« Reply #10 on: April 23, 2006, 04:39:33 pm »
I searched the messages and came up with this Lawsuit thread. Last night, after I awoke at 4:30, I was having one heck of a daydream taking my ENT to court for malpractice. I really do wonder if I have a strong enough case, or the strength to follow it through, because I'm not one on confrontation. BUT, he didn't order a CT with contrast either. My NA could have been discovered last summer, and perhaps the facial nerve wouldn't have been "awakened" and I wouldn't have so much numbness on my left side, and perhaps more of my hearing would have been saved.  When I think about it, it ticks me off and I think, well, perhaps my doctor owes me some damages.  I had a very nice speech worked out at about 5:30 a.m.!!  People sue for a lot less than that.  I don't believe in frivolous lawsuits or clogging the courts with junk, but I have lost something, and perhaps I should be compensated for my loss.  But I won't know for sure what that loss is, exactly, until I have my next hearing test, and I don't think my neurosurgeon wants me to do that for 6 months, after things settle down I guess.  I just don't know why a specialist wouldn't think of a NA in looking for a diagnosis. Didn't they cover this in medical school??  ???
Sue in Vancouver, USA
 2 cm Left side
Diagnosed 3/13/06 GK 4-18-06
Gamma Knife Center of Oregon
My Blog, where you can read my story.


http://suecollins-blog.blogspot.com/2010/02/hello.html


The only good tumor be a dead tumor. Which it's becoming. Necrosis!
Poet Lorry-ate of Goode

Sue

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Re: lawsuit possible
« Reply #11 on: April 23, 2006, 07:58:19 pm »
I was thinking $100,000 for every 10% hearing loss that should have been saved!  ;D
Sue in Vancouver, USA
 2 cm Left side
Diagnosed 3/13/06 GK 4-18-06
Gamma Knife Center of Oregon
My Blog, where you can read my story.


http://suecollins-blog.blogspot.com/2010/02/hello.html


The only good tumor be a dead tumor. Which it's becoming. Necrosis!
Poet Lorry-ate of Goode

millert

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Re: lawsuit possible
« Reply #12 on: April 23, 2006, 10:32:25 pm »
If I may add to this conversation, Let me tell you twice I have had mri"s and x-rays read wrong. The first time was with my daughter. The radiologist read her x-ray that she had had a heart attack. I believe she was about thirteen at the time. What a shock! My wife was inconsoable, I was heartbroken my two sons were stunned. And my daughter, you can only imagine. We had to rush to UCSF where the doctors were going to operate. Long story short, the docs there reran the xrays. They came to the conclusion it was breast shadow! Breast Shadow! Thank god, the drive back to the Central Valley of California was about two hours. It gave me time to calm down as I was going to go to that hospital and go postal. The second time, after my AN surgery on the one year followup, the local radiologist read it as my tumor had come back. Oh the anxiety and wondering what I was going to do, I thought it was benign, I don't want to have another surgery thousands of what-if were going through my mind. Went to see my surgeon at UCSF, guess what? The doctor read the fat they filled in my tumor site as the regrowth! Whew! Docs make mistakes, that is why they call it "practicing" medicine. It is always, always is worth it to get second opinions. One last thought, if your insurance is HMO, you can't sue.  :( Calm down, get second third opinions. Then sort out your options. Hang in there!
Right side AN, removed Dec. 1998 Jackler;Pitts @UCSF,

Sue

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Re: lawsuit possible
« Reply #13 on: April 24, 2006, 02:31:48 pm »
Don't know if I'd ever go through with a lawsuit, but the idea of it was giving me great comfort the other morning!  Mistakes are made, I understand. Horrible mistakes can me made. Doctors are human, too. But, I just think he should have ordered an MRI, with contrast. Then I'd have know about this last summer. So, I'll just while away a little anger in my tar and feathering daydreams of what to do with my young ENT (who isn't even working there now, by the way..)

It was just a thought.
Sue in Vancouver, USA
 2 cm Left side
Diagnosed 3/13/06 GK 4-18-06
Gamma Knife Center of Oregon
My Blog, where you can read my story.


http://suecollins-blog.blogspot.com/2010/02/hello.html


The only good tumor be a dead tumor. Which it's becoming. Necrosis!
Poet Lorry-ate of Goode

ppearl214

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Re: lawsuit possible
« Reply #14 on: April 24, 2006, 06:42:20 pm »
heck, they missed my AN in a brain MRI 3-4 yrs ago.... at this point, for me... I'm not going to bother to sue MGH's butt!  I am grateful today that I am fairly healthy, they still found it while it was small enough to easily treat and heck, lawyer's would take most of the winnings anyway....

... but for those of you that have legit "malpractice",  my hope is that you have a good atty to fight like heck for you.  I know docs are not Gawds, but between radiologist, then the dr's both doing the reads... shame on them.

FYI.. my (old) primary care ordered my MRI last year... I got the report before he did, clearly noting the AN and Chiari.. he called me and said "oh, your films show as normal, no worries"... he's too old to sue.  I don't feel like taking his SS as he's officially in retirement now. oh, well......
"Gentlemen, I wash my hands of this weirdness", Capt Jack Sparrow - Davy Jones Locker, "Pirates of the Carribbean - At World's End"

 


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