Bad surgery and cover up, may lose my job

[kokoro]

Keeping my job and my health????
Colorado:

I work in Water for 12 months now and have been employed full-time the district has 80 plus full-time employees.

Basic scenario: 6-11 had microdisechtomy surgery. Went bad, I was unrestrained while coming out of antethesia and kicked a nurse. In retrospect I am positive I reherniated my disk while they wrestled me down.

Weeks following, tons of pain, all sick leave and vacation used and some temporary disability (approx 4 weeks worth)

7th week after surger wound up in ER unable to move from intense spasms. MRI shows Larger herniation a week later I have emeregency surgery.

In two weeks back to work and all is much better but a haunting lowerback pain and finding out my doctors are CYA'n so much I can't trust them.

My proof for CYA'n: My 6th week post op appointmets prove it. 1st surgery I was worried about my leg nerve pain still existing: in short the physician assistant said, "buy your lower back pain has improved? {I reply yes} Oh good, If you told me you LB pain was still a problem I would be worried but the leg pain has been treated you are just of a population that takes 6 weeks to 3 months to recover.

2nd surgery: leg pain gone but tons of LB pain. He replies, "but the leg pain is gone? {Yes} Oh good, because if it was the Leg pain I would worry. Your lower back pain should just take time"

That's when I knew I couldn't trust them anymore. Also in retrospect I realized only my first post op appointment after my first surgery had any physical evaluation. They tested my left leg and found residual pain, since then they never touch me and we only talk....

16 weeks later Pain started happening at work from lifting, This weekend same debilitating pain has hit but I am not at a place to go to ER yet. I am scrambling for legal advice and a new doctor. I believe fusion in now unavoidable.

My concerns and need for help:

1) malpractice lawsuit towards my surgeon and auxillary staff
2) Keeping my job!!!!!

#2 is the most important. I live in employee housing and if I lose my job I will become homeless.

Why am I concerned: My boss told me after my second surgery that he had spoken to our HR person and she said, "If you need to replace the position then you need to replace it." My boss was telling me, to his credit, to really keep my health up so I don't wind up losing my job. Now, though trying my hardest, I am faced with certanity I will lose much time at work (e.g. fusion can be recover of 1-12 months).

So, How do I protect my rear with a situation I have no control over???

Please help, I am desperate:

kokoro

 

[ellencee]

kokoro
I have no idea what you mean by you 'work in water' but from the remainder of your post, I infer that your job requires heavy lifting.

First, as to whether or not restraints should have been on your extremities during 'recovery', I have never recovered a post-op patient or had any other type of patient that could not kick even when restrained. The action of kicking is bad enough for the back but the act of kicking against restraints is worse.

If you did re-injure your back during the postop period, I doubt the physicians or the nurses can be held responsible for that. The best they could have done would be to have chemically restrained you through heavy sedation; however, at some point you would have had to return to consciousness and no one can say if you would have kicked or not.

You have not stated which vertebrae initially required surgery and you did not state which vertebrae required your second surgery. You did not state anything about the level of your activities between operations one and two.

16 weeks after what? after your first surgery? after your second surgery?

Why in the world after two surgeries for herniated disc(s) are you lifting anything at work?

I suspect that a full review of your records will show that you injured your back at work the first time, the second time, and now the third time.

I suggest you file a worker's compensation claim and not a medmal claim. I don't believe you will be able to prove that the surgeon caused your recurrent back pain when you are at work lifting heavy objects after having two operations in less than 4 months.

Make an appointment with an attorney that specializes in worker's comp and medical malpractice. Initial visits for the purpose of consultation are usually free.

EC

 

[lkc15507]

Whew, do I and ellencee agree for once? I was working on a response to this post, and found it to be much too scathing--so I trashed it. Poster, there is way too much information left out for anyone here to be very helpful. Ellencee has given you the proper answer, and, I humbly add, much kinder than I would have.

lkc15507

 

[ellencee]

lkc15507
Agreeing with me, are you?! Don't let it get you down, blame it on the lunar eclipse last night or the full moon!

Are you enjoying working in insurance as much as it seems you are?

EC

 

[lkc15507]

lkc15507
Agreeing with me, are you?! Don't let it get you down, blame it on the lunar eclipse last night or the full moon!

Are you enjoying working in insurance as much as it seems you are?

EC

Actually, ellencee, I have agreed with you before. I'm thinking it is the full moon which makes you a little more agreeable this eve!

I do enjoy insurance. It is an eye opener. Now I get to protect my patient's pockets as well as their health--believe me, I can tell you stories. I'll extend an olive branch. I'm opinionated, yes, but I know my business--all my businesses. Part of my "insurance" job is reviewing records for med mal. I do it every day. Let's agree we may agree or disagree, I'll stop any personal attacks. Agreed, ellencee?

lkc15507

 

[ellencee]

lkc15507
It's been so long ago, or it seems so long ago, since I felt any ill will or anything negative towards you, I'd have to work at bringing it back! The experience wasn't totally negative for me. The arguments were great for stimulating my brain and great for stimulating my professional research, too.

I've read some of your more recent posts and I inferred from the tone of your post that you are enjoying the 'insurance' field of nursing.

Take care,
EC

 

[kokoro]

Thanks everyone for your quick responses and your maybe not so constructive criticisms.

When a story is so long as mine it is hard to know what you the listners will need especially when you are seeking advice in an area where the audience supposedly knows more of what to ask then I know what to tell.

So, please let me clarify:

I have an Office Job that has little to no field work (e.g. heavy lifting). The initial injury probably happened 15 years ago and the recent injuy that led directly to these medical interventions happened during a Judo throw one month after I started work (not job related).

Also, the surgeon told me the morning after the 1st surgery, "there was a small incident. When you were coming out of anethesia you kicked a nurse." As I began to question if she was OK and was feeling guilty he also said, "Well, it was their fault. They hadn't properly restrained you."

I later learned that it is very common for men to come out of general anethesia swinging. In addition going by the behavior of the institutions and staff following my second surgery, I really do believe they are very concerned about a lawsuit and are CYAing so much that they are hindering my health care. Apparently they have a different opinion then those who quicly give responses on this thread.

Finally, all the injuries I am speaking of are in the L5 S1 disk. I have had, now, the experience of two of these surgeries and without a doubt the first one went wrong. The differences: 1st waking up with a morphine drip the 2nd having none, the first one being in so much pain it took 4 days to able to lay on my side with drugs the 2nd one I got up walked and went to the bathroom within 2 hours) I hope this is clarifying the situation.

I am more than happy to answer anymore questions that will help the reader understand my situation. My situation, after all, is very serious and I would appreciate people to post on this thread actual posts that pertain to my situation and not some chat group.

Also, taking from what has been said on this thread, I will make an assumption too. I am assuming because I mentioned water that some of audience thinks I am uneducated. Well, I probably have more education in my pinky finger than most since I have multiple graduated degrees and have changed my career from teaching at a university to serving my community in protecting our water.

The conduct on this thread has been anything but professional and so far I am regretting posting here.

 

[JackSchroder]

You should see a malpractice lawyer soon. Your recital is difficult to read and understand for several reasons. First, it is too long. Second, you have not supplied dates, types of surgery and other information.
What you have said is that you have required two back surgeries, and are looking forward to another. Your surgeries and the events in recovery point to some errors by medical staff. The failure of the medical staff to provide you with required post operative care suggests, as you have guessed. some reluctance to continue with the care the staff should provide you as part of their fee for surgery.
Now, when you go to see a malprtactice lawyer have this in your hand: a simple one page recitation of the events in chronologic order, and clearly written with NO abbreviations. We all know that CYA must mean cover your ass, but any other abbreviations will just be Greek to anyone who reads your notes. Type your notes. Make sure thay are readable and understandable.
But, see a lawyer. That is what you must do now.

 

[ellencee]

kokoro
Well, you've got your claim all figured out and all that education in your little pinky and everything, so go on and file suit pro se, don't bother with an attorney and be your own medical expert, or hire Jack.

Good luck!

By the way--those who come out swinging have usually been smoking pot. Be sure to be stoned in front of the judge during your medmal suit, too. It will help lessen the pain of losing.

EC

 

[HomeGuru]

Very interesting.

 

[ellencee]

Jack--
I came back to edit my post, but I don't believe that's the proper thing for me to do. I apologize for saying the poster should hire you. You did use the words 'point to' and 'suggest' instead of declaring a slam-dunk for malpractice and I failed to honor that significant change in your style.

I don't think there is a medmal claim here, but it doesn't matter what I think or what anyone else here thinks, it matters what a medmal attorney in the poster's area thinks and what medical experts think after reviewing the claim. So, I stick with my initially posted answer and suggest a free consultation with the appropriate attorney.

EC

 

[HomeGuru]

Very good comeback.

 

[kokoro]

You should see a malpractice lawyer soon. Your recital is difficult to read and understand for several reasons. First, it is too long. Second, you have not supplied dates, types of surgery and other information.
What you have said is that you have required two back surgeries, and are looking forward to another. Your surgeries and the events in recovery point to some errors by medical staff. The failure of the medical staff to provide you with required post operative care suggests, as you have guessed. some reluctance to continue with the care the staff should provide you as part of their fee for surgery.
Now, when you go to see a malprtactice lawyer have this in your hand: a simple one page recitation of the events in chronologic order, and clearly written with NO abbreviations. We all know that CYA must mean cover your ass, but any other abbreviations will just be Greek to anyone who reads your notes. Type your notes. Make sure thay are readable and understandable.
But, see a lawyer. That is what you must do now.

Thanks Jack,

I have my hand written notes from my visits. I will go ahead and type them out in with a chronological order of events.

Questions:

1) What are some good tactics in picking a good Malpractice layer?

2) How should I handle the issue of possible loosing my job (i.e., look for a group of lawyers that handle both employment issues and malpractice or can a good malpractice handle possible issues with my job as well)?

3) I live in a small, wealthy community. I am hesitant to get a lawyer here because of possible conflicts of interest (e.g., my doc and lawyer may play golf together). Is it best to pull from outside the community or is there a way to network to find a lawyer who would not have a conflict?

Thanks for all your help,

K

 

[kokoro]

kokoro
Well, you've got your claim all figured out and all that education in your little pinky and everything, so go on and file suit pro se, don't bother with an attorney and be your own medical expert, or hire Jack.

Good luck!

By the way--those who come out swinging have usually been smoking pot. Be sure to be stoned in front of the judge during your medmal suit, too. It will help lessen the pain of losing.

EC

Yah, OK apparently I am the one that thinks he knows everything so that is why I came on this forum to ask advice

Got any research on your POT statement? Because between me and another friend I know of, we must be anomalies then. So much for your research and further more, so much for any perceived credibility in your ability to be professional

 

[JackSchroder]

Thanks Jack,

I have my hand written notes from my visits. I will go ahead and type them out in with a chronological order of events.

Questions:

1) What are some good tactics in picking a good Malpractice layer?

2) How should I handle the issue of possible loosing my job (i.e., look for a group of lawyers that handle both employment issues and malpractice or can a good malpractice handle possible issues with my job as well)?

3) I live in a small, wealthy community. I am hesitant to get a lawyer here because of possible conflicts of interest (e.g., my doc and lawyer may play golf together). Is it best to pull from outside the community or is there a way to network to find a lawyer who would not have a conflict?

Thanks for all your help,

K

1. If you are able to go to your court house and search for malpractice cases, that is the best way. If you feel you can't do this, then find an investigator who will do this for you. He should find plaintiff's lawyers who have won cases. Then he should pull the file and copy the complaints and disposition for these. That will give you the lawyers' names and addresses so you can go to them. Or you can ask your local Legal Aid Society or Bar Association to recommend some lawyers.
2. A malpractice lawyer should be able to help you retain your present job. Maybe all that is necessary is for him to write or to have a doctor he works with to write your company. If you have no sick leave time, it's going to be hard, but ask your malpractice lawyer what you should do.
3. In your case you should go to a lawyer in the state capital. That ought to elinimate any good old boy network. Or at least a lawyer in a large city. It has to be within your state because a lawyer usually is licensed to practice in a state, maybe in two.