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Is this medical neglect?

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tigger22472

Senior Member
What is the name of your state? Indiana

In June of 2002 my husband had a diving accident in which he hit his head and proceeded to break 5 bones in his neck(with MANY misaligned) and his left wrist. He also had 60% spinal cord damage. Beteen 2 hospitals he spent 6.5 weeks in the hospital and was told he'd never walk again but he walked out of that last one. From the beginning I kept asking about the head injury and was blown off by everyone telling me the neck was the most important thing.. this was even after the surgery and halo was done so there was nothing more to do for the neck. The only thing I was ever told was that the way he was acting at the time was 'normal'. Since then there's been only a few problems, or so we thought. Soon after the accident he went to his doctor and talked about the migraines he was having (granted this was a new family doctor but he'd been fully informed of his accident and had the records from it). Without doing any tests the doctor put him on migraine medicine. Over the past few months his balance has been a little more off and although I was concerned he wasn't. A few weeks ago he woke up and had three big scabs on one of his arms and a big scrape on his back on that side but said he didn't know what happened. I thought it was odd he didn't know but heck we all run into things and have a bruise or something and don't remember.

On Monday morning I came home from taking my step-daughter to school and went into the bedroom to talk to him and as I was getting ready to leave the room as he was sleeping he turned and proceeded to have a grand mal seizure. This is the first one that we are aware of. At the hospital a CAT scan was taken and the doctor said the spot in which he hit his head in 2002 was noticable and that it's a 'PRIME" spot to cause seizures. They put him on meds and yesterday we had the MRI and today is the EEG. He's had a few CAT scans before but only of his neck and I know the MRI's he had done were ONLY within the first week and a half of the accident.... I've looked through ALL the records and he's NEVER had an EEG.

From the research I've done he's quite possibly had small seizures before this and not known it.. yet his complaint of migraines was a 'tell tell' sign of things.

He sees a neurologist on the 24th and he says that if he finds out that he's been having seizures and that no measures were taken even after I continually questioned them that he wants to sue. Is this possible to win in anyway?

(TIA... sorry it's so long)
 


S

Sharp_Advice

Guest
Hello: tigger22472

Based on the facts as described it does appear not enough was done both while husband was hospitalized and afterwards. A lack of follow up on the medical side seems to have been lacking.

Your question is: "Is this possible to win in anyway?"

In my opinion, yes. Finding a malpratice attorney whom is willing to review the case is the task you need to do. Interview several attorneys, as opinions here again will vary.

Disclosing such to the neurologist he will be seeing on the 24th may or may not help on the first visit. May be best to not cloud the matter at this time with the neurologist, rather wait till later and more info is known.
 

tigger22472

Senior Member
Thanks.. and you are right.. we Might not want to lay that hand out right away. A doctor might be less apt to give his honest opinion and diagnosis if he thinks we have this in mind. Husband is just really upset that this probably could of been prevented as he's still not 100% and his short term memory is still acting up. Of course I continually tell him that his body is still adjusting from the shock it took.
 

ellencee

Senior Member
I don't recognize any damage from any act of negligence. The damage is a result of the diving accident and not from the failure to diagnose a brain injury. I'm sure all physicians were aware of potential damage from the head injury--the neck injury (spinal cord endangerment) was priority.

If the diving accident damaged the brain in such a way that seizures resulted, then that's what happened.

Once he began having seizures, it was time to treat seizures. No medical technology has been developed that can accurately predict who will and who won't have seizures or to what degree a seizure will present. No medication has been developed that can prevent any and all seizures. No method has been devised to prevent injury, including death, from seizures.

The diving accident caused the brain injury that resulted in seizures.

A little thanks to those who kept your husband from being paralysed from his neck down is more than deserved and possibly, quite past due.

EC
 

tigger22472

Senior Member
And just what makes you think that we weren't grateful to what the doctors did do? That doesn't mean that it excuses what they DIDN"T do!! We realize that the accident itself is now causing the seizures.. HOWEVER what YOU don't seem to understand is that NOTHING was ever checked on his head injury EVER.. nor were either of us educated on what could of happened. If instead of telling us everything would be FINE they would of taken the tests and then told us what we COULD possibly expect or even JUST simply educated us he might not be where he is today.. STILL trying to recover from this. If WE had known this then when he went to the doctor complaining of the migraine's we would of insisted that more tests be done. We are pretty sure that he's had at least one other that obviously wasn't as bad yet went unnoticed. I completely and TOTALLY understand that his neck was first priority but you tell me what could be done after surgery and a halo was put on? Then it was a waiting game.. THEN was the time to look into the head injury.. Wouldn't you think?

AND JUST so you know.. yes those doctors helped with the surgery and yes he had a wonder rehab program but EVERY single one of them said he would NEVER walk again... THEY didn't make him walk.. His WILL made him walk so the next time you pass judgement on how or how we did not treat people maybe you should try breaking YOUR neck and living our life.
 
T

Thomas234

Guest
Tigger22472, failure to properly diagnose a brain injury is surprisingly as well as unfortunately common. In many cases, diagnostic imaging does not reveal any injury to the brain when in fact there is. In your husband’s case, his injury is visible, as you stated from his recent CT scan. So it would be logical to assume that had his brain injury been investigated, and proper testing done, the brain injury “evidence” would have been present at the time of his injury.

Failure to properly diagnose and treat a brain injury results in longer recovery time, as well as less recovery. Although the brain can and does spontaneously heal on its own, those individuals who get treatment heal faster and better than those that do not. You will need to present your case to a malpractice attorney, preferably one who specializes in and is familiar brain injury, to truly gauge whether your husband’s providers treated him in a way other than how a reasonably prudent doctor would have.

Additionally, you have a responsibility to yourself as well as your husband for both of you to become familiar with brain injury if you have not done so already. I would suggest that you check out the website www.tbiguide.com for some excellent and easy to understand information about brain injury by Dr. Glen Johnson. Also the Brain Injury Association of America has a website with links to state information and resources, that site is www.biausa.org .
 

tigger22472

Senior Member
Thank you... I will definately check out those sites as I do like to be informed. The orginal hospital that my husband was in had some WONDERFUL books that they made.. they had one for Spinal Cord injury which they gave us but they also had one on head injuries but even after I asked about recieving one didn't. Before seeing this doctor on the 24th I want know everything I can about this so I know the proper questions to ask.
 

ellencee

Senior Member
tigger22472
Please check out sites that inform the reader on the required elements of a medmal claim. You will find that one must suffer damages that would not have occurred if an act of negligence had not occurred.

Educating you on what to expect would not have prevented your husband's seizures or your desire to blame someone for the horrific and unfortunate consequences of his accident and neither would any of the other 'failures' you described. No physican could un-do the damage(s) suffered in the accident.

This is a legal advice site--from the information you have posted in each of your posts, no damage (seizures) developed from a failure to diagnose or treat.

Thomas' advice would only be relevant if the failure to diagnose and treat caused the brain injury that resulted in seizures and does not recognize that the treatment and medication to protect and prevent swelling of the spinal cord was also the treatment and medication indicated to prevent swelling of (and thus damage to) the brain.

Make an appointment with a medmal attorney and discuss your concerns-consultation visits are usually free. Even if the attorney is initially interested, after having your husband's records reviewed by a medical expert, the findings will most likely be as I have stated--negligence did not cause the seizures. It will only cost the attorney a few thousand dollars to find this out for you but you and the attorney will be wiser for having the experience.

EC
 

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