Author Topic: Legal question,need your input.  (Read 18625 times)

ppearl214

  • Administrator
  • Hero Member
  • *****
  • Posts: 7449
  • ANA Forum Policewoman - PBW Cursed Cruise Director
Re: Legal question,need your input.
« Reply #30 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
"Gentlemen, I wash my hands of this weirdness", Capt Jack Sparrow - Davy Jones Locker, "Pirates of the Carribbean - At World's End"

4cm in Pacific Northwest

  • Hero Member
  • *****
  • Posts: 1324
Re: Legal question,need your input.
« Reply #31 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 ?�

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



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!

satman

  • Sr. Member
  • ****
  • Posts: 411
Re: Legal question,need your input.
« Reply #32 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.
kicked my little 8cm buddy to the curb-c ya !

Captain Deb

  • Hero Member
  • *****
  • Posts: 3316
  • Phearless Phyll and Captain Deb!
    • Captain Deb
Re: Legal question,need your input.
« Reply #33 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!

We love you!

Capt Deb
"You only have two choices, having fun or freaking out"-Jimmy Buffett
50-ish with a 1x.7x.8cm.AN
Mid-fossa HEI, Jan 03 Friedman & Hitselberger
Chronic post-op headaches
Captain & Designated Driver of the PBW

Captain Deb

  • Hero Member
  • *****
  • Posts: 3316
  • Phearless Phyll and Captain Deb!
    • Captain Deb
Re: Legal question,need your input.
« Reply #34 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)
"You only have two choices, having fun or freaking out"-Jimmy Buffett
50-ish with a 1x.7x.8cm.AN
Mid-fossa HEI, Jan 03 Friedman & Hitselberger
Chronic post-op headaches
Captain & Designated Driver of the PBW

satman

  • Sr. Member
  • ****
  • Posts: 411
Re: Legal question,need your input.
« Reply #35 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....
kicked my little 8cm buddy to the curb-c ya !

Janet

  • Full Member
  • ***
  • Posts: 246
    • Janet Sherwood Photography
Re: Legal question,need your input.
« Reply #36 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
 
Surgical removal of 1 cm x .8 cm x .6 AN on 4/2004.

lori67

  • Hero Member
  • *****
  • Posts: 3113
Re: Legal question,need your input.
« Reply #37 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
Right 3cm AN diagnosed 1/2007.  Translab resection 2/20/07 by Dr. David Kaylie and Dr. Karl Hampf at Baptist Hospital in Nashville.  R side deafness, facial nerve paralysis.  Tarsorraphy and tear duct cauterization 5/2007.  BAHA implant 11/8/07. 7-12 nerve jump 9/26/08.

pattibobatti

  • Full Member
  • ***
  • Posts: 184
Re: Legal question,need your input.
« Reply #38 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
17 mm AN removed 1-16-06
  retrosigmoid
  paralysis, cornea transplant,avascular necrosis

   'Are we having fun yet?'

ppearl214

  • Administrator
  • Hero Member
  • *****
  • Posts: 7449
  • ANA Forum Policewoman - PBW Cursed Cruise Director
Re: Legal question,need your input.
« Reply #39 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
"Gentlemen, I wash my hands of this weirdness", Capt Jack Sparrow - Davy Jones Locker, "Pirates of the Carribbean - At World's End"

Battyp

  • Hero Member
  • *****
  • Posts: 2361
Re: Legal question,need your input.
« Reply #40 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.

Jeanlea

  • Hero Member
  • *****
  • Posts: 799
Re: Legal question,need your input.
« Reply #41 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
translab on 3.5+ cm tumor
September 6, 2005
Drs. Friedland and Meyer
Milwaukee, WI
left-side facial paralysis and numbness
TransEar for SSD

Omaschwannoma

  • Hero Member
  • *****
  • Posts: 777
  • Life is a journey, not a destination
Re: Legal question,need your input.
« Reply #42 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!
1/05 Retrosigmoid 1.5cm AN left ear, SSD
2/08 Labyrinthectomy left ear 
Dr. Patrick Antonelli Shands at University of Florida, Gainesville, FL
12/09 diagnosis of semicircular canal dehiscence right ear

danijake

  • Guest
Re: Legal question,need your input.
« Reply #43 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 :'(

Sam Rush

  • Sr. Member
  • ****
  • Posts: 282
Re: Legal question,need your input.
« Reply #44 on: December 17, 2007, 09:49:31 am »
Who's overpaid??????? !!!!!!!!

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

Thanks

Underpaid MD
1 cm AN translab, Dr. Brackmann, Dr. Schwartz, Dr Doherety HEI   11/04   Baha 7/05