10 replies to this topic

[nipper123]

Can my ortho whom operated on me be libel for damaged to my spinal cord and additional scaring that has made me practically unable to walk to stand for any amount of time? He did a laminectomy on my l3/l4 and after looking at my release papers l4/5, I was only suppose to have a laminectomy and diskecomy on l3/l4. I came home feeling better in the legs then on te second day I had to go to er because of a tear in my spinal cord. I believe he didn't remove all the bone fragements or might have nicked my spinal column large engough that they had to reopen me and and stitch it back together. They tried the blood patch at first but it was too big of a tear, do you think he should be held responsible for my diminished legs and exstreme pain I have been in? I saw a neuro and he told me that it is in-operatable because of the severe scaring, now they want to put in a spinal stimulator to at least releave my pain by 50% hopefully. I now am permenately disabled as per my neuro my job let me go andI am applying to the state for medical assistance.

Any help in this matter would be appreciated.

Thank you,
Nipper

[Julian]

It would seem that on the face of it you have a claim for negligence and that all doctor's owe their patients a duty of care. However, it depends upon other factors such as any waiver of rights to cliam that you may have signed at the the time of consent. Without seeing all the relevant case paperwork it is very hard (and wrong) for me to offer any advice. I recommend a visit to an specialist attorney.

I wish you the very best of luck.

[nipper123]

After seeing and having numerous testing done by my new Dr. Neurosurgeon he gave me this diagnoisis - discogenic, epidural fibrosis and arachnoiditis, cervical spine spondylosis over 4 levels lumbar spondylosis, Postlaminectomy syndrome.

Know can anyone out there tell me that going in for l/3 l/4 laminectomy and partial discectomy that I should be perminately disabled. Dr. says there is nothing surgical he can do without making matters worse.

I am so mad at my old ortho for leaving me in this condition, I really think he should be reported.

Nipper

[jodygirl]

You do have a case. I am currently suing for the same thing. I suggest you get in touch with a good attorney. My attorney is National if you want their name contact me. I have already been offered a settlement. You will need a local attorney for your SSDI claim if you want it to go through fast. (Don't get one from TV or big ads in the phone book...ask around and get recommendations).

[nipper123]

jodygirl, on Dec 25 2009, 08:16 PM, said:

You do have a case. I am currently suing for the same thing. I suggest you get in touch with a good attorney. My attorney is National if you want their name contact me. I have already been offered a settlement. You will need a local attorney for your SSDI claim if you want it to go through fast. (Don't get one from TV or big ads in the phone book...ask around and get recommendations).

Jodygirl,

Thank your'e response, I have been trying to get this done locally but all the attorney's knwow this doctor and unfortunately he has a great reputation or de does work for the attorneys or the attorneys do work for him.

I did receive a reply from an attorney from Ct. but he doesn't have a license for Pa., so he gave me a name of some one in the northeastern section of Pa., I live in southcentral Pa. Now I just have to get my ducks again in a row so I can fax this attorney all my paperwork from the hospital when both surgeries were done.

I think I will take you up on the attorneys you have used - I need some type of help, I am looking just from 1 1/2 yrs how much my body has discinagrating that it not long till I will not be walking at all. It now has affected my eyes that I have gone through 2 prescriptions within the past 3 months. I also have developed nueropathy in both hands and feet. I have run out of meds and had to go cold turkey due to the fact I have no insurance and I only get now is a monthly SSDI check in the mail, I need to move to a smaller home that is only 1 level because mine is a 3 floor 100 year old farm house right outside of Gettysburg and it is too much for my husband to handle alone and when I try to help I either fall and break some kind of bone i.e. ankle, ribs 2x's etc. This is so not fair, I really do not know if this doctor realizes what he did to me cause he even sent me a holiday card can you believe this sh344=!!!

Well thank you I look forward to hearing from you,
Sincerely,
Nipper

[jscott92064]

nipper123, on 25 December 2009 - 09:23 PM, said:

jodygirl, on Dec 25 2009, 08:16 PM, said:

You do have a case. I am currently suing for the same thing. I suggest you get in touch with a good attorney. My attorney is National if you want their name contact me. I have already been offered a settlement. You will need a local attorney for your SSDI claim if you want it to go through fast. (Don't get one from TV or big ads in the phone book...ask around and get recommendations).

Jodygirl,

Thank your'e response, I have been trying to get this done locally but all the attorney's knwow this doctor and unfortunately he has a great reputation or de does work for the attorneys or the attorneys do work for him.

I did receive a reply from an attorney from Ct. but he doesn't have a license for Pa., so he gave me a name of some one in the northeastern section of Pa., I live in southcentral Pa. Now I just have to get my ducks again in a row so I can fax this attorney all my paperwork from the hospital when both surgeries were done.

I think I will take you up on the attorneys you have used - I need some type of help, I am looking just from 1 1/2 yrs how much my body has discinagrating that it not long till I will not be walking at all. It now has affected my eyes that I have gone through 2 prescriptions within the past 3 months. I also have developed nueropathy in both hands and feet. I have run out of meds and had to go cold turkey due to the fact I have no insurance and I only get now is a monthly SSDI check in the mail, I need to move to a smaller home that is only 1 level because mine is a 3 floor 100 year old farm house right outside of Gettysburg and it is too much for my husband to handle alone and when I try to help I either fall and break some kind of bone i.e. ankle, ribs 2x's etc. This is so not fair, I really do not know if this doctor realizes what he did to me cause he even sent me a holiday card can you believe this sh344=!!!

Well thank you I look forward to hearing from you,
Sincerely,
Nipper

Hello Nipper:

I was curious about the status of your case. My husband and I have filed a lawsuit against the surgeon who did his surgery and caused him to be paralyzed. We have one hurdle to still overcome and that is finding an expert who will testify as our surgeon is well known. Have you found one to support your case? We have seen three doctors so far who say "yep, was negligence" and "nope, we know your guy and the hospital so we will not help you".

How are you faring?

Thanks!

Jocelyn

[Snakeye]

"Libel" is legally defined as an unjust defamation of ones character by the written word (Slander is a spoken insult untrue in nature like gossip ) So I don't know how surgery falls into that catogory...

[jodygirl]

I just received my settlement of one million five hundred thousand dollars. I got my surgery Mar. 2006. Placed my case in 2008. (But you need to put in a request to sue within a year...I forget what it is called exactly...you are just putting them on notice that you have the right to sue them), after attorney's fee (25%) i ended up with 752,000 in cash...and 500,000 in an account for medical. You have to get an attorney outside of your city...and experts outside your city. Your attorney will know what experts to get. It will be a neurosurgeon...and a life estimator (someone who figures what it will cost for you to live a descent life). My attorney's were National. Their name is Archuletta, Alsaffar, & Higginbotham. (my attorney was Laurie Higginbotham) 512-261-7881. Also, even though I signed a waiver...that was considered Malpractice as I didn't sign a waiver to allow a bad operation...I signed a waiver that advises what can go wrong if the operation is done correctly. Get your "operation notes". They have to state what was going on in the whole surgery. Also, medication-wise...The only things that I found to work on the nerve pain is "Pregabalin" and "Topomax". I sometimes take Hydro-codeine for break-through pain or a pain patch "Fentanyl". If you need any more info...let me know.

[jscott92064]

Post deleted at member's request.

Edited by Apparelyzed, 07 November 2010 - 03:38 PM.
Removal of confidential information

[Tetracyclone]

May we assume you have copies of ALL your medical records from the ortho and all others involved? No expert nor attorney can make an intelligent guess about negligence or bad medicine, versus bad luck, without complete records.

[jscott92064]

Tetracyclone, on 09 September 2010 - 07:56 PM, said:

May we assume you have copies of ALL your medical records from the ortho and all others involved? No expert nor attorney can make an intelligent guess about negligence or bad medicine, versus bad luck, without complete records.

Not sure if you are replying to me, but if you are, yes, I have everything......except an expert willing to stand up to this guy.

Doctors protect their own and usually don't want the hassle.

I wish there was a national arbitration system so doctors did not have to worry about retaliation from their peers.

Everyone makes mistakes --hey, we are all human. I'd like a system where we could get fairly compensentated and this doctor --well-I am all for helping him learn from his mistake and carrying on.