should we look into this?

[Idrivetrains]

What is the name of your state? What is the name of your state? What is the name of your state? Illinois
I have been looking at this site for awhile now and I have come to respect the opinions of the senior members here. (I mean long standing...not old! )
Upon reading an IME report we received this month, the remarks made by the company Dr. in his report makes me wonder if there was malpractice. Little background info here...
He was injured in January 2001 Was told all complaints was from herniation in L5-S1. Had diskectomy in Feb. 2002. Did not relieve his symptoms, in fact became progressively worse. Lost all use of his lower extremities on June 1, 2002. Ultimately 3 weeks later he had surgery for herniation at T9-T10 with spinal cord compression by a different Dr. because his walked out on him. I also wish to state he only had lumbar mri's prior to losing his legs and thoracic when he did.
My question pertains to this paragraph the Company Dr. wrote in his report:
"In my opinion, there is a causal connection between the injury of January '01, and the current symptoms, diagnosis and treatment. The basis for this conclusion is the absence of any prior myelopathic symptoms, the prompt onset of symptoms after the injury, and the confirmatory evidence afforded by the recent diagnostic study. It is significant to me that retrospectively this gentleman had weakness and numbness of his lower extremities well out of proportion to that which would be predicted at the L4-L5 or L5-S1 level. He stated almost from the beginning of his course that his legs were giving out on him and he had weakness. Indeed, he told Dr. (X) in May 2001, that he did have weakness of his legs. I find it particularly interesting that nobody checked for a Babinski sign over the past year and a half. It was readily apparent today bilaterally."
Am I reading too much into this, or is he frankly stating this should have been caught well before he became paralyzed?
I would like an opinion as to if I should contact an attorney or just learn to accept that his paralysis was not preventable. This paragraph just has me wondering.
Good or bad .... hit me with it! Your opinions are much appreciated!

[ellencee]

Idrivetrains
Make an appointment with a medmal attorney in your area. You already have documented suspicion(s) of below standard medical care and such documentation is by a subsequently treating physician of the same 'type' and in the same geographic location as the initial physician.

I'd recommend pursuing this for further evaluation if this scenario were presented to me by an attorney for whom I consult.

Best wishes,
EC

[Idrivetrains]

Thank you SOOO MUCH!
I had accepted this and we were trying to move on and then this came. Thank you for sharing your insight. I really hoped this was not the case. Now I get to live with the fact that I lost half of my life (my husband) possibly when I should not have. I still love him though and will stay through the good and the bad. He took this letter hard. I will start contacting attornies Monday. Thank you again. You have eased our minds as to what to do.
One more question please? What is "Babinski sign" ??? just wondering. Cant find any info on it...

[ellencee]

Idrivetrains
First, I am sorry that my answer upset you and your husband. That was a reaction for which I was not prepared. I guess I thought you and your husband suspected that something was done incorrectly and were prepared to hear that it may be a real possibility.

Babinski's sign is a loss or diminished Achiilles tendon reflex in sciatica. Babinski's reflex is a test for normal corticospinal tract function. If the reflex is present in infants under the age of 6 months, it is a normal reflex. If the reflex is present in adults, it indicates a lesion of the spinal cord. The reflex is tested by stroking the sole of the foot, usually with a blunt, but 'sharp' point, such as a ballpoint pen or a fingernail would be. When the sole of the foot is stroked with such an object, if the great toe bends upward, towards the ankle and the other toes spread apart, this is a positive Babinski's reflex. Normal reflex would be for the toe to flex, or bend down towards the sole of the foot.

Babinski's reflex is usually checked in any patient with a back injury or a neurological deficit from disease or injury. It is part of a routine neurological examination.

Therefore, when your husband was complaining of weakness in his legs, if the Babinski reflex test had been done, it would have shown whether or not a lesion of the spinal cord was present. By not performing the test, it is possible that your husband was denied prompt intervention to minimize the damage.

A medical expert will have to review the records of treatment and state whether or not a prompt intervention would have prevented paralysis.

I hope I have not upset you further and if I have, please forgive me.

EC

[Idrivetrains]

Thanks for being so kind and concerned. It's not what you said, its the facts. It just hurts to hear. Thanks for the information. He used to be so ticklish on his feet. (we women need some leverage! ) So I guess I get to be the guinne pig! At least it gives me some insight. Again thank you so much. You gave me a starting point. You must be one heck of a Doctor!

[ellencee]

Idrivetrains

Gee! Thanks! I'm not one heck of a doctor, though--I'm one heck of an RN!

EC

[vrzirn]

By all means consult an attorney. However, be aware that if this is a claim under Workman's Comp., there is not much money to be had from that stone. Additionally, it was the doctors "opinion", and there will be other defending experts to contest it. If your husband has already signed off on a claim that may very well be the end of the story.
Good luck to you.