Quadriplegic & Paraplegic Spinal Cord Injuries: Advice Needed 18 Months Into Legal Case - Quadriplegic & Paraplegic Spinal Cord Injuries

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Advice Needed 18 Months Into Legal Case Rate Topic: -----

#1 User is offline   katherinebunce 

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Posted 07 September 2008 - 12:51 PM

Hi :poo: :wink05:

Mine is long winded so i wont bore anybody i did a website www.arachnoiditis-hydrocephalus.co.uk if anybody is interested in the full saga.

I'll give a quick run down. In July 2006 i went in for a knee re-build, They messed up the surgery by putting in the screw too far, that caused me to need 3 other pointless surgeries before they realised there mistake. The Damage to my knee was so bad i need a knee replacement (i was 28) The last surgery i had i had a spinal and The anethetist managed to so something which left me paralysed from the waist down and i developed Hydrocephalus.

This is the problem i am suing the NHS. I am using Withy King solictiors. All along no body can agree what actually happened, the theory is that he caused a Sub-arachnoid heommorage then it changed to he must have managed to tear my spinal cord. Because the hospital could not agree they will not admit liability. My solictor got specialists on board and the reports have started to come in and again they can't agree. 1. He hit a Nerve root, 2. He hit my spinal cord, 3. It was something other than the anethesetic in the needle. The reports are all in my favour with them all being appalled by how i was treated and what they did to me.

My solictor says not to worry and even though we can't count our chickens it's all looking good. He has drafted a letter for the Trust to admit what they have done.

Has anybody any advice? The Hospital have admitted full liability on the damage to my knee. Am i looking at this dragging on because they can't agree what happened to me? Should i be pushing for the solictor to find a specialist that will be able to confirm what happened?

My problem is i don't want to push the solicitor if all this is normal, but i am worried that we will lose because they can't agree.
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Posted 07 September 2008 - 03:13 PM

My first (of 3) neck injuries was caused when the door handle on the front door to my office building broke off causing me to fall backwards down 4 big outdoor steps and land on the sidewalk, tearing all the ligaments down my entire spine in the process... oh yeah, and landing with the $#^%$@ door handle in my hand! My attorneys said there could not be a more clear case of liability (obviously). To strengthen this claim, when I hobbled into the building and told the receptionist what had happened and to post a sign outside letting everyone know the door handle was broken, she revealed that they Already Knew it was broken. Where did my lawsuit end up? Nowhere... part of it is because I had (not one but) two other intervening injuries, thought test results before and after show that the permanent structural damage to my spine was caused by the workplace injury. I was still willing to compromise and had my attorneys put in a demand for what a year and a half of suffering was worth (--the amount of time before the first intervening injury). Moral of this story -- all insurance companies denied liability, the case went nowhere, I am still eating all the medical bills that the various insurance companies refused to pay -- despite 2 dept of labor hearings at which I had to represent myself pro se (no money to pay a worker's comp attorney) -- and I won BOTH cases. Did that make the worker's comp insurance carrier pay those back bills? No! They told me if I really wanted them to, I should sue them via the supreme court.

My point -- definitely without a doubt you should pursue your legal claim, but A] make sure your attorneys are on your side and take you case very seriously, B] have low expectations for the legal outcome because they are likely to be dashed, and C] put you and your mental health first. I ran out of reserves to take this to the supreme court (I mean, come ON!), and to what extent can a layperson figure out how to represent themselves and file all the necessary paperwork for such a high level legal scenario? (The personal injury claim was separate from the fight to get worker's comp to pay for my medical bills related to the workplace injury). So, now, over the past 8 years: I spent about 2 years bedridden, have struggled to work as much as possible since then but could only manage part-time no benefits (more medical bills!), my father threw me onto the street when I started to get 'too expensive' (of course gambling and booze are higher priorities for him)... only been able to be full-time for about 2 years, and just got laid off!!! I feel like I am NEVER going to get out from under the burden of these injury-induced medical bills, and yet somehow I am determined to at some point move on with my life, go to grad school finally, and have a real career. My 20's were a horror show, so I am determined to make the most of my 30's. Wish me luck.

All in all, I do not mean to discourage you but rather to prepare you for the battle ahead. It will take an enormous degree of mental fortitude that my uncontrolled severe pain, resulting insomnia, and eventual depression made me unable to maintain. It was either jump off a bridge or give up the legal battles. I chose life (not an easy choice given pressures from my family who were helping to support me financially during those times and felt that a lawsuit was the only way out). Still struggling in so many ways, but still alive... I had to do what was best for me. Do what's best for you and damn anyone else who disapproves.

This post has been edited by CervInstabilityHMSandRSD: 07 September 2008 - 03:17 PM

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#3 User is offline   katherinebunce 

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Posted 08 September 2008 - 05:28 PM

:ranting:

View PostCervInstabilityHMSandRSD, on Sep 7 2008, 04:13 PM, said:

My first (of 3) neck injuries was caused when the door handle on the front door to my office building broke off causing me to fall backwards down 4 big outdoor steps and land on the sidewalk, tearing all the ligaments down my entire spine in the process... oh yeah, and landing with the $#^%$@ door handle in my hand! My attorneys said there could not be a more clear case of liability (obviously). To strengthen this claim, when I hobbled into the building and told the receptionist what had happened and to post a sign outside letting everyone know the door handle was broken, she revealed that they Already Knew it was broken. Where did my lawsuit end up? Nowhere... part of it is because I had (not one but) two other intervening injuries, thought test results before and after show that the permanent structural damage to my spine was caused by the workplace injury. I was still willing to compromise and had my attorneys put in a demand for what a year and a half of suffering was worth (--the amount of time before the first intervening injury). Moral of this story -- all insurance companies denied liability, the case went nowhere, I am still eating all the medical bills that the various insurance companies refused to pay -- despite 2 dept of labor hearings at which I had to represent myself pro se (no money to pay a worker's comp attorney) -- and I won BOTH cases. Did that make the worker's comp insurance carrier pay those back bills? No! They told me if I really wanted them to, I should sue them via the supreme court.

My point -- definitely without a doubt you should pursue your legal claim, but A] make sure your attorneys are on your side and take you case very seriously, B] have low expectations for the legal outcome because they are likely to be dashed, and C] put you and your mental health first. I ran out of reserves to take this to the supreme court (I mean, come ON!), and to what extent can a layperson figure out how to represent themselves and file all the necessary paperwork for such a high level legal scenario? (The personal injury claim was separate from the fight to get worker's comp to pay for my medical bills related to the workplace injury). So, now, over the past 8 years: I spent about 2 years bedridden, have struggled to work as much as possible since then but could only manage part-time no benefits (more medical bills!), my father threw me onto the street when I started to get 'too expensive' (of course gambling and booze are higher priorities for him)... only been able to be full-time for about 2 years, and just got laid off!!! I feel like I am NEVER going to get out from under the burden of these injury-induced medical bills, and yet somehow I am determined to at some point move on with my life, go to grad school finally, and have a real career. My 20's were a horror show, so I am determined to make the most of my 30's. Wish me luck.

All in all, I do not mean to discourage you but rather to prepare you for the battle ahead. It will take an enormous degree of mental fortitude that my uncontrolled severe pain, resulting insomnia, and eventual depression made me unable to maintain. It was either jump off a bridge or give up the legal battles. I chose life (not an easy choice given pressures from my family who were helping to support me financially during those times and felt that a lawsuit was the only way out). Still struggling in so many ways, but still alive... I had to do what was best for me. Do what's best for you and damn anyone else who disapproves.


Thanks ever so much for your advice.

I knew this would be a hard fight. I know the anethetist did something wrong and he also knows it (he sent me a letter apologising) it's annoying that we need to do this.

I am so sorry that everything has been so difficult for you. We are living proof that this life isn't the fairest.

My family and my husbands family have been amazing so my heart goes out to you for what you went through with your father. My mum and dad divorced 7 years ago because he preferred alcohol. He knows what's happened to me but has still not made the effort to see me or even send a card. As far as i'm concerned i'm better off without him. I'm sure he will show his face if i do get some compensation.

Keep your chin up after everything you've been through your 30's better be better. The end of my 20's were the worst that i've been praying for my 30's to be better.

Thanks again :-)
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Posted 09 September 2008 - 01:14 AM

Wow, your thoughtful response was very touching. Thank you so much for being so caring. I did not expect it.

You definitely sound like you have a substantial case, and I support you all the way. You deserve compensation for what you have been made to endure, and with your husband and parents there to help you, I think you will come out ahead.

If there is any additional advice not already included in my previous rant (!), here's something else that I learned the hard way...
Make sure that if your attorney fails to advocate properly for you -- fire him! In my case, I was 3 injuries and countless files of medical records into the case that there was practically no way to begin with someone new. I had started off with a great attorney (a woman, are we surprised?) who was smart, anticipated what I needed to know, took the initiative to inform me along the way, responded to my inquiries, and generally made me feel like I was important as a client.

In fact, she and the managing partner of the firm (a leading personal injury firm in Boston) encouraged me very early on to provide various statements directly to the defendant's insurance company. The managing partner said that in his 20 years, I was the first client selected to make these recorded verbal statements before it was absolutely necessary (at the hearings) based on my being so intelligent, knowledgeable, and articulate. (Well, factor in several years of insomnia plus every opioid and hypnotic under the sun = my intelligence danced off into the sunset with my short-term memory, and correspondingly my self-esteem! I was always more proud of my academic achievements and ambitions than any other aspect of myself, and now...???!!!)

Ugghh, anyway, back to the legal case... so this female attorney was wonderful, answered my calls or returned them promptly, you know, treated me and my case with the requisite care. Then she left the firm.

I was now into my 2nd injury, I was assigned some inexperienced recent law school grad with a chip on his shoulder (lord knows why) who talked like a frat boy... He never answered anything I asked him (to the extent that, insofar as, okay okay! enough with the prepositional phrases already!!) Frat boy also took MONTHS to return phone calls, all the while I am thinking that at least the big name of the firm is going to be on my side.

Eventually, injury 3 happens, frat boy is Still completely remiss... as you can imagine, everything went to hell in a handbasket because of his mishandling of my case. My family had said a few times I should consider another attorney, but no one would have been able to sort out all the intricacies with the intervening injuries... and I had no reserves with which to re-educate someone.

I did not realize it would all turn into nothing; the settlement was in fact what I was living for -- the Only thing I was living for while tethered to my bed for years without a wink of sleep... I tried to focus on the settlement as the ticket out of the suffering -- that my medical bills would get paid down and I would have the extra money to seek alternative treatments that would hopefully help me (acupuncture, etc. not paid by insurance). If I could get out of bed again, I could finally get to grad school and become that someone special who would make a difference in the world, not just this hopeless waif crying myself into a puddle over endless days and nights of sleepless agony. Yes, all my hopes were wrapped up into this settlement; it was the singular thread to which I was clinging with my shaky hands and spasmy neck... and all gone because of my horrible attorney.

So, take a lesson from my mistake:
Make certain your advocate is living up to his title, and do not be afraid to fire him and get a new one regardless of how complicated it may seem. Better a good attorney with a few facts awry than someone familiar with your case but who doesn't give a damn. And as for the prestige of the firm, I think I would have been better off with a smart attorney from a no-name firm than a remiss frat boy who was too overwhelmed with his cases to call me back [and too stupid and ignorant to give me proper advice when I eventually did reach him].

My solace is that karma will get him (though I do intend to throw a drink in his face if I ever have the misfortune of running into him at one of those outdoor cafe's near his office). And, somehow, though the bills have barely whittled down, I have managed to find those treatments that took me from an F to a C- or so on the pain scale, enough to allow me to be functional again. I'm a lot older than I expected to be without having made my mark on the world yet, but as you said, we still have our 30's. Wish me luck. And, thanks again for listening. This has been most cathartic. So few people can understand, and fewer care to listen in the first place... Add to all this the fact that I "look fine" on the outside!! Yes, empathy is so rare in my little world.

This post has been edited by CervInstabilityHMSandRSD: 09 September 2008 - 01:22 AM

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