Author Topic: Legal question,need your input.  (Read 18673 times)

OMG16

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Re: Legal question,need your input.
« Reply #15 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.
I believe you are given choices in life and it is not what has happened to you that defines who you are.  It is how you handle the situation and finding the positive in an almost hopeless situation that counts the most.  My son is my hero and I have had the pleasure of learning this from him.

Jim Scott

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Re: Legal question,need your input.
« Reply #16 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
4.5 cm AN diagnosed 5/06.  Retrosigmoid surgery 6/06.  Follow-up FSR completed 10/06.  Tumor shrinkage & necrosis noted on last MRI.  Life is good. 

Life is not the way it's supposed to be. It's the way it is.  The way we cope with it is what makes the difference.

TP

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Re: Legal question,need your input.
« Reply #17 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.

 
4+cmm left retromastoid of cerebellopontine angle tumor removed 6/5/06; Dr. Eric Gabriel, St. Vincents, Jacksonville, FL
Left ear hearing loss, left eye gold weight, facial paralysis; 48 year old female. Dr. Khuddas - my hero - corrected my double vision

4cm in Pacific Northwest

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Re: Legal question,need your input.
« Reply #18 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




4cm Left, 08/22/07 R/S 11+ hr surgery Stanford U, Dr. Robert Jackler, Dr. Griffith Harsh, Canadian fellow Assist. Dr. Sumit Agrawal. SSD, 3/6 on HB facial scale, stick-on-eyeweight worked, 95% eye function@ 6 months. In neuromuscular facial retraining. Balance regained! Recent MRI -tumor receded!

leapyrtwins

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Re: Legal question,need your input.
« Reply #19 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
Retrosig 5/31/07 Drs. Battista & Kazan (Hinsdale, Illinois)
Left AN 3.0 cm (1.5 cm @ diagnosis 6 wks prior) SSD. BAHA implant 3/4/08 (Dr. Battista) Divino 6/4/08  BP100 4/2010 BAHA 5 8/2015

I don't actually "make" trouble..just kind of attract it, fine tune it, and apply it in new and exciting ways

satman

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Re: Legal question,need your input.
« Reply #20 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 ?
« Last Edit: November 30, 2007, 07:44:59 am by satman »
kicked my little 8cm buddy to the curb-c ya !

Brendalu

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Re: Legal question,need your input.
« Reply #21 on: November 30, 2007, 06:30:40 am »
Hurray!!!!!  Great news on your MRI!!!!  Satman, you are truly amazing!!!
Brenda :)
Brenda Oberholtzer
AN surgery 7/28/05
Peyman Pakzaban, NS
Chester Strunk, ENT

leapyrtwins

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Re: Legal question,need your input.
« Reply #22 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 

Retrosig 5/31/07 Drs. Battista & Kazan (Hinsdale, Illinois)
Left AN 3.0 cm (1.5 cm @ diagnosis 6 wks prior) SSD. BAHA implant 3/4/08 (Dr. Battista) Divino 6/4/08  BP100 4/2010 BAHA 5 8/2015

I don't actually "make" trouble..just kind of attract it, fine tune it, and apply it in new and exciting ways

TP

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Re: Legal question,need your input.
« Reply #23 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! 
4+cmm left retromastoid of cerebellopontine angle tumor removed 6/5/06; Dr. Eric Gabriel, St. Vincents, Jacksonville, FL
Left ear hearing loss, left eye gold weight, facial paralysis; 48 year old female. Dr. Khuddas - my hero - corrected my double vision

Brendalu

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Re: Legal question,need your input.
« Reply #24 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
Brenda Oberholtzer
AN surgery 7/28/05
Peyman Pakzaban, NS
Chester Strunk, ENT

debora

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Re: Legal question,need your input.
« Reply #25 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

Cheryl R

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Re: Legal question,need your input.
« Reply #26 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
                                                           
Right mid fossa 11-01-01
  left tumor found 5-03,so have NF2
  trans lab for right facial nerve tumor
  with nerve graft 3-23-06
   CSF leak revision surgery 4-07-06
   left mid fossa 4-17-08
   near deaf on left before surgery
   with hearing much improved .
    Univ of Iowa for all care

Sam Rush

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Re: Legal question,need your input.
« Reply #27 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??
1 cm AN translab, Dr. Brackmann, Dr. Schwartz, Dr Doherety HEI   11/04   Baha 7/05

satman

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Re: Legal question,need your input.
« Reply #28 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.
kicked my little 8cm buddy to the curb-c ya !

satman

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Re: Legal question,need your input.
« Reply #29 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.
« Last Edit: November 30, 2007, 10:10:43 am by satman »
kicked my little 8cm buddy to the curb-c ya !