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Old 08-22-2001, 05:09 PM
czanne
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pain and suffering?


Sixteen months ago, my husband became disabled and had gone on sick leave from his job at a concrete factory. At the time, it was believed that he had pulled muscles in his back, and he began to see a chiropractor. After four months of treatment, his chiropractor realized that his condition was getting worse, and he sent him for a CT scan. The scan revelaed that there was a mass from T-1 to T-8 on his spine. My husband immediately stopped seeing the chiropractor, and as reffered by our family physician, he began seeing a neurologist. The neurologist ordered a myelogram and another CT, and according to him the results were scoliosis, and enlarged epidural veins. He told my husband that he was "born with this" and that he could return to work the next day. Our family physician refused to give him work release, telling us that he never heard of enlarged epidural veins. He then sent my husband to see another neurologist. The second neurologist sent my husband for an MRI and we have recently been told the results. He has degenerative disc disease. There was no evidence of a mass in his thoracic spine region. My husband is now scheduled to see a surgeon to discuss the possible option of surgery. But, we have been told that surgery may not help much if at all, because his condition had gone undiagnosed and untreated for eleven months, and he may have irreversable spinal nerve damage.
FOr the past sixteen months, my husband has been in and out of hospitals, given prescriptions for every pain killer under the sun, and has been back and forth to every doctor we can think of. All the while, spasming and losing sensation in his legs. ANd we now know that if this was properly diagnosed almost a year ago, there is a very good chance that my husband could be living a normal, pain free life now.
My questions are:
1) Is this considered malpractice?
2) Is is possible to sue for pain and suffering even if it isn't considered malpractice?
I do appreciate any advice you can give us.
Sincerely,
Czanne
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