Advise needed please

[hah480]

What is the name of your state (only U.S. law)? DE
What is the name of your state (only U.S. law)? DE
28YO HIT BY DRUNK- low back pain followed had spinal fusion and laminectomy with hardware- all proclems diagnosed pre-op as contained to l5-s1.

Had major problems post op, but surgeon refused to believe me and kept saying that everything looked perfect.

I complained enough that he evaentually ordered MRI, he said that the MRI showed NO PROBLEMS AND EVERYTHING was PERFECT.

Went on for near a year with slight improvement, he talked me into going back to work and that it would help my body adjust. He would fight with me about my restrictions and didnt believe what I was telling him. I stuck it out at work , a living hell, until I thought of suicide from pain. At that point he grew frustrated with me and said he there was nothing he could do for me and he stood by that everything he did was to help me and there was no reason forme to be having problems. Basically that I was a head case. I knew otherwise and went to other doctors and physical therepy.

I 'am unable to work and had to file for disability, at that point I was able to see a report from that MRI that the surgeon had said showed everything was perfect. The following was on it; Multi-level disc bulging throughout the length of spine with changes of central canal stenosis at l2-l3 l3-l4 due to bulging and ligamentous hypertrohy. Severe central canal stenosis at l4-l5 due to bulging and ligamentous hypertrophy and complete obliteration of epidural fat within spinal canal. Note extension of left pedicle screw beyond the anterior cortical margin of the s1 vertebrea. I have many pre-op tests that show that I had none of that before surgery.

Iwas stunned that this creep hid this from me and led me to believe that I was crazy and that nothing was wrong. How could somebody entrusted to help people do such a thing? Is ther so many lawsuits that doctors will hide things from their patients? My current state is such that I'm unable to work and can not live a normal life. Very hard for a turning 29 tomarrow year old to accept. I have a child on the way and can not support my family. Never thought in a million years something like this would happen to me. Honest feedback is welcome as to whether or not I have a case and what it may be worth? Thankyou for your time spent reading and addressing me.

[lya]

You need a second medical opinion, one that will review your pre-op films and your post-op films and compare each with your current status (new films).

To learn the statute of limitations that will apply, you need to consult with a medmal attorney. A year has already passed and you can't afford to wait any longer to consult with an attorney.

Are there so many lawsuits that MDs hide things? Maybe yes; maybe no. Neither is morally correct, not the many lawsuits and not the hiding of information.

[hah480]

I have a doctor who wrote a report saying that I will be disabled rest of life. I will also get a expert if I pursue lawsuit. What I'm trying to ascertain is whether or not this is a good case, or if I will be wasting my time, money, and energy on a loser?

[lya]

Originally Posted by hah480

I have a doctor who wrote a report saying that I will be disabled rest of life. I will also get a expert if I pursue lawsuit. What I'm trying to ascertain is whether or not this is a good case, or if I will be wasting my time, money, and energy on a loser?

Well...it's really hard to tell from the information that you posted.

When did the original surgery occur? (The statute of limitations will probably begin to run on this date.)

Are you going to be able to differentiate damages as the result of the accident from damages as a direct result of negligence by the surgeon (assuming there is negligence)?

Has your current MD compared all of the imaging films, post-accident, pre-op, post-op, and current?

Has your current MD stated that you were damaged by being "forced" to work when problems were evident on the imaging films but ignored?

Did you receive compensation for your injuries? I ask this only because you don't want a jury to think you are suing because you didn't get the amount of compensation you would have liked to have received.

Complaints of back pain are the most difficult complaints to manage, from a healthcare provider point of view, because pain is an individual's perception of his/her level of discomfort. Because of this, you have an up-hill trek. You have to prove the surgeon either knew or should have known that your complaints of pain indicated the need for further investigation and treatment.

You will not be able to bring a lawsuit after the statute expires; and, I'm concerned that the statute of limitations may be close to expiring. You have no time to waste in which to find an attorney to represent you. Medmal consultations are usually free of charge and claims that have clear potential for recovery are usually accepted on contingency (you don't pay until you win).

You will have to have a medical expert's opinion that negligence occurred and is the cause of your damages. An attorney will assist you with this or will have it done on your behalf.

Damages from the accident will have to separated from damages from negligence. Depending on the difficulty in differentiating the sources of which damages, attorneys may decline to become involved.

You are a very young person with, hopefully, a long life in front of you. Somewhere, there is a job for you. You may need education or job retraining or the ability to work from home. Be sure to include such needs in your request for compensation, should your claim make it that far.

[hah480]

I still have 10 months until 2 year anniversary which I believe is the statue to file and begin discovery.

To help clear up other questions yes I already settled for the accident part of this and yes I did not recieve much not nearly enough to cover medical bills.

Now about the difference from my injuries from the accident and from the surgery and how they differ. After the accident I was diagnosed with ddd and grade 1 spond. and a slight disc bulge this is documented well from severel tests and docs. Pain was contained to low back no nerve pain, and injury was contained to l5-s1 level of spine. Actually continued to work for 17 months after accident full duty. Pain level was up and down, range of motion was good, and overall physical mobility good. Main problem was I work a physical job and was able to do but this was painful and a nuisence injury that got progressively worse over time with significant flare ups occasioneley. Okay so after surgery I'am a total wreck way worse then before surgery.

Following problems showed up after surgery; chronic pain (now require strong narcotic pain med, before didn't) severely reduced range of motion, nerve pain down legs, when every I attempt anything physical I become immobilitized in pain within 15 min. if I sit to long my butt goes numb, also my toes go numb alot. Severe pain in tail bone and si joints. Now have chronic pain in hips never had hip pain in my life until surgery limits mobility < right side. Abdominal get excruciating pain in abdomn especially with physical activity greatly reduces mobility and ability to even walk.
So if I had to put a number on it I was a 3 before surgery and now I'm a 10 as far as pain etc. Still don't understand how I went in for a back surgery and came away from it with permenent hip and abdomninal pain and nerve pain. My life pretty much sucks I used to be a highly active individual did many sports and recreational things boating flyfishing etc. Now I prettty much sit in my house and do nothing because of pain I have actually gained 40 pounds in 14 months without a change in diet.

As far as being able to compare before and after tests that should work in my favor as I had many tests done before surgery. Where I think this surgeon wronged me is in two areas one the standard of care I recieved as I'am worse off now and it can be directly attributed to surgery (screw placement and sudden disc bulging etc. thru entire spine when that was perfectly fine before surgery) and two that the surgeon had a report that showed clear problems in the spine after surgery that were different from before and neglected to address the patient of such problems and offer a course of treatment instead he elected to hide the results and lead the patient to believe he had nothing wrong. I've contacted a lawyer but got no response? Thats why I'am seeking outside perspective as it is always the best way to analyze a situation, I have alot of emotion tied up in this. Thankyou to anyone who is spent anytime reviewing this or others on here and for being honest. I appreciate honesty where others do not if I dont have a case I will let it go, I am not a money hungry person. I'm a family man and have to do whats best for my family and not being able to work is killing me, so if I can get some money for my family I have to do whats necessary.