Medical Malpractice? Financial Loss?

I'm located in WA state.

My question is this: can a person sue for malpractice even though there was no physical damage done? Can a person sue if there was only financial damage? Here's the issue. I went to my primary care physician about pain that I was having in my hand for about a month. She took an x-ray, said she didn't see anything wrong but sent me to an orthopaedist (sp?). I saw this quack and he glanced at the x-ray, said that he didn't see the source of my pain either but said that the best thing to do would be to put a short arm cast on me because I had been having this pain for a long time, anti-inflammatories weren't working, and I had tried several other wrist/hand splints. I trusted this joker so I went along with it. This doctor put me off work for the time I was in the cast plus an additional six weeks for PT. The insurance company that handles their claims sent me to an IME after the cast came off 5 weeks later. He said that the course of action the doctor took was "inappropriate" and that he couldn't tell me what my problem was but that it wasn't work related. At this point, I wanted to go to a hand specialist because frankly, I didn't trust the IME. This specialist said the same thing; cast totally inappropriate. Yet another IME gave a report to the insurance company that there was nothing wrong with me or that they could not diagnose the source of my pain and that I was physically able to work. Also, the insurance company wrote to this doctor twice asking him for his diagnosis. The first time he said I had tendonitis, the second time it was carpal tunnel. He couldn't even get the diagnos right!

I was turned down for workers comp after having a hellish, painful, unnecessary 5 weeks in a cast and 4 weeks of equally uncomfortable physical therapy. As a result of this, I have lost my means of income. I could have worked but was not able to because he restricted me from work and my employer had to abide by that while the insurance company was gathering more info. While I was on this medical leave, I injured my back and had surgery for a herniated disc. This is where it gets tricky. The insurance company that handles my employers disability benefits turned me down because I was off of work before my back was injured. What they said was they had to take in the total time that I was out. So, even though I "technically" have a valid claim for disability benefits regarding my back injury, they "can't" pay me because of the issue with me being out for those weeks prior to my back being injured. So, even though one medical problem had nothing to do with the other, they found a loop hole and now they don't have to pay me. Well, I had the surgery before I knew I would be denied. If I had known, I wouldn't have had the surgery. They led me to believe that I would be approved. So, I have received no disability benefits because this orthpaedist quack did the wrong thing by me. Because I have been on medical leave for over 12 weeks, my employer gave my job to someone else. I've lost my source of income and my medical insurance on top of that. Which means I can't possibly afford to have the weeks of physical therapy that I need in order to recouperate and be a normal person again. I live on vicodin that I have to purchase without a prescription. There are also other medications that I need to take daily for the rest of my life which I haven't had in many weeks. One is for my thyroid and if I don't take it, it could lead to coma and death. The others are for depression, anxiety, etc. due to chemical imbalances.


And here's the part which really steams me: he just sent me a bill for $118.00! It's for the second cast he put on. See, the assistant who put the first one on did it incorrectly and they had to redo it. And they're charging me for that.

So no, I don't have any long term medical issues regarding the fact that he put a cast on me which wasn't necessary, but I've suffered a HUGE, catastrophic finacial loss and severe mental anguish because one, I've lost my job and medical insurance, and two (most importantly) because I'm not able to take care of myself financially anymore. I'm this home bound, depressed, ball of pain and misery. All of this was avoidable. I've gone through this for no reason. I'm on the verge of losing my home, my car, and my independance.

So, after reading all this, what do you think I should do, or rather, what do you think my chances are? I have a bad feeling.

Thanks in advance.

phoenissa

Where do you buy VICODIN without a prescription. Narcotic bureau is intrested in knowing.
There is no standard treatment for pains, when there are no objective evidence.
Pain is subjective.
How did you injure your back , with your hand in a cast. but not able to do regualr work.

Check the yellow pages for soup kitchens and homeless shelters.
good luck.

Originally posted by jet750
phoenissa

Where do you buy VICODIN without a prescription. Narcotic bureau is intrested in knowing.
There is no standard treatment for pains, when there are no objective evidence.
Pain is subjective.
How did you injure your back , with your hand in a cast. but not able to do regualr work.

Check the yellow pages for soup kitchens and homeless shelters.
good luck.

is that suppose to be helpful?better change your attitude before the senior members call you jetout-just a friendly word of advice since you're new.as to your question phoenissa the first thing i'd do is get hold of your local
legal defense office and make an appointment and also the state medical board-good luck

Originally posted by jet750
phoenissa

Where do you buy VICODIN without a prescription. Narcotic bureau is intrested in knowing.
There is no standard treatment for pains, when there are no objective evidence.
Pain is subjective.
How did you injure your back , with your hand in a cast. but not able to do regualr work.

Check the yellow pages for soup kitchens and homeless shelters.
good luck.

What I meant to say is that since I don't have insurance, I have to pay out of pocket for it. I do have a prescription. I worded it incorrectly, that's my bad. And no, my employer had no one-handed work for me. I injured my back by pulling out the sofa bed with my good hand. I wasn't an invalid for God's sake. I was wearing a cast, not an iron lung. I still had one good hand and managed to do the damage to my back with that hand. This is my second back surgery for a herniated disc so the area was weak to begin with.

For Jet:

Be careful Jet, your class is showing. We wouldn't want anyone to think you have feelings or something we humans like to call sympathy. This is how it works; someone spills they're ugly, dark guts to someone (in this case a forum of "adults" who supposedly have some legal expertise) in the (vain?) hope that someone will exhibit said emotion and offer what assistance they can.

It's a little known emotion (apparently) but some of us (me included) consider it a gift. I find it helps me to exsist in a world peopled by ignorant, ill-mannered, insensitive, individuals who shoot their mouths off about things they do not, and cannot understand.

Jet, you have my sympathy.

A comment for the board:

I've noticed by reading other posts on this forum that this site is littered with people who think it's funny to poke fun at the those who have genuine questions or legal problems. I don't consider myself a prude or an overly sensitive person, but some of the comments are just down right cruel. And I notice that it's all the same people making these smart ass comments.

This situation reminds me of a pack of school yard bullies teaming up to pick on the weaker kid for whatever lame excuse they can find, whether it's their spelling, their ignorace of the law, or a mistake they made in their story. Whatever the case may be, it's ugly and it's juvenile and it has no place on a website that offers legal help. And since I know kids aren't surfing over to the legal boards after a well spent evening of catching up on the latest news on Brittney Spears or South Park, it causes me to wonder at the emotional and intellectual mentality of these people who post these uncalled for and insensitive replies. The fact that an adult would post some of the things that I've read here blows my mind! And quite frankly, I don't understand why anyone feels the need to be this cruel.

You'll say that you're just making a little joke and that we who are offended (I know I'm not alone) shouldn't be so sensitive, but when you've got a whole column of responses to your question that is exclusively snide comments about your spelling or your phrasing or the apparent ignorance of your question, it's more than a little disheartening. I don't intend to preach to anyone, but I would just ask that perhaps you email each other your jokes and save the rest of us from your school yard banter. I didn't like it in when I was in school, and now that I'm an adult, I find it extremely distasteful.

The above comment that I should seek out a soup kitchen is uncalled for and I hope that everyone who reads it will learn something about the person who posted it. I also hope that whoever reads it will use it as an example of unacceptable and cruel behaviour that has no place here.

It's unfortunate that the people who post their problems here have to worry about when the wolves will descend. We have enough worries already.

My sincerest thanks to anyone who posts any kind and helpful remarks about my situation. Especially if they have any legal advice.