Malpractice and Kaiser

What is the name of your state? Oregon

I injured my foot at work in April 2000. I was taken to the nearest ER and an X-Ray was taken. ER Doc said no breaks just a sprain/strain and told me to see my regular Dr in 3 days (which would be on a Monday). My foot was very swollen, bruised and had a good sized lump on the arch. ER Dr seen this and commented that even sprains can and do cause bruising and swelling.

Seen my regular Dr at Kaiser who refered me to the Occupational Health Dept of Kaiser. That Dr. Did not take an X-Ray but took the opinion of the ER Doc as a sprain/Strain. Sent me to Physical Therapy 3 days a week.

Long-long story short. Foot never got better, had 4 weeks PT, still could not walk, swelling traveled now up my leg to mid calf. Foot was hot and burning all the time and turning red and purple. Finally in SEPTEMBER the Doc fianlly took and X-Ray and said nothing was wrong. I still could not bare weight and was still on crutches, PT was way to painful so I stopped going.

In October when Kaiser Dr. said sprains sometimes take a while to heal and for me to "Grin and Bare it" and told to begin to force myself to walk. Oh so painful and the hot burning/ swelling would not go away. I finally got smart and seen another Doctor for a second Opinion. I took the X-Ray from the date of the injury and the Sept. X-Ray Kaiser took. This new Doc also took X-Ray and compared the three. All three X-rays showed the same thing. A total dislocation of the tarsal/metatarsal bones and 3 other fractures. This type of injury is called a Lis Franc injury and needs surgery to repair. This new doc got approval from W/C to have surgery. Another problem had arised. New Doc said the extreme swelling and red/purple brusing color of foot and NOW entire right leg was RSD (CRPS) and having surgery could make the RSD worse. I still opt for the surgery. After the fusion surgery I was on crutches for 9 more months. The RSD did get worse and spread to effect both legs from bottom of feet to lower back.

When I went back to Kaiser (Oct) to tell that Dr about the Lic Franc injury, he told me mis-diagnosis happens all the time and then told me about how even his father had been mis-diagnosed. He told me that even the best Dr's in the world even miss things sometimes and asked me to sign a form saying I would no longer need his services (I did not sign anything)

I now have a non-union of three of the 5 fusion points because of delay in treatment (all medical info states that the surgery should be done 12-24 hrs after injury ) . Kaiser has even publish an article about the need to dignose and treat Lis Franc injuries to avoid long term disability.

I have since had 17 nerve blocks and a morphine pump implanted because of the RSD and non-union. I still got to PT 3 days a week and Dr appt 1 or 2 days a week. I have a 50% disability in my foot and 40% to lower extremities, 35% whole body. W/C Carrier has been good about all the medical treatments and there has been A LOT. W/C has also filed a lein on any future settlement from the malpractice case.

I did obtain a lawyer and suit was filed with Kaiser and ER Dr. but Kaiser Lawyers are digging their feet in and are asking for all kinds of things under the sun (20 yr medical history/tax records for 15 yrs and the like----you know the drill) Depo are not even scheduled until March 2003.

My question is: Since Kaiser is such a bully and will drag their feet about every thing. Has any lawyer been successful at winning any cases against Kaiser? And is case even worth all the hassle?

Sorry to be so long winded and for this to be such a long post. But believe me this is the short version of a very very long story.

Thank you for any advise.
Margo

[vrzirn]

I have been on both sides of the Kaiser fence. When they are good, they are very, very good. When they are bad, they are the worst. Do not expect any easy mea culpa from them.
I am surprised to learn about the lawsuit because I believe Kaiser has an arbitration clause in all states. Additionally, your state may be one that has a mal-practice cap on claims.