speedcam said:
wisconsin....... back on May 25th i had mri's done on my neck and complete back. at that time i was informed that i had a herniated disc in my neck but that the rest of my back was perfectly fine. i have had PT on my neck and seems to be doing fine still a little pain but i can live with it. Last Friday(7th) i went in for some blood work results and my doc asked how my back and neck were doing. i told her that my back still hurt but that the PT on my neck worked pretty good i thought. she asked why i didn't have any done on my Lumbar. now with one of the dumb-founded looks on my face, i told her because according to your nurse there was nothing wrong with it. she had told me and my wife that my back was fine but that i had the herniated disc in my neck. my doc then continued to show my that she had everything noted in her laptop showing that i ALSO had a herniated disc at the L4-L5 disc. it's been 5 months since i had the initial MRI's and now i am finding out that i have been working with a messed up back that i was not told about. if i only did light work i wouldn't be as upset but i move 500+lbs drume around all day long along with 300 lb compressors for my line of business. all of which i normally move by had or dolly because there is no equipment on the jobs to move them.can this be constrewed as malpractice? and info would be appreciated as for the past 5 days i haven't been able to stand striaght or even sit for more than five minutes without my back either locking up or giving out. and in the mornings i can't even sit up. i litterally have to roll out of bed in the morning just to get up for work which even in that case takes me at least 3 hours before i can move around even close to normal.
thanks
speed
"can this be constrewed as malpractice?" Malpractice can be construed to mean failure to accurately relay test results to the patient. Malpractice can be construed to mean failure to follow-up on a patient's continuing complaint of low back pain. Each of those examples is an example of professional negligence.
Do these examples equal a viable claim of medical malpractice? No. In order for there to be a viable claim of malpractice, there must be significant damages as a direct result of the act(s) of professional negligence.
You need more than the original MRI results. You need an MRI taken now and compared to the initial MRI. If treatment had been ordered initially, such as adding PT for your lower back, and expected recovery for your lower herniation was the same as for your cervical disc herniation but now due a lack of receiving proper treatment you require surgery
then you have significant damages (or the possibility of significant damages). Lost wages due to the recovery time for preventable surgery will add to your claim of significant damages.
If your MRI shows no real change and physical therapy is the treatment of choice, you will most likely have no significant damage (loss) on which to base a claim of medical malpractice.
Your claim meets the required elements of duty (nurse and MD) and breach of duty (nurse and MD). Your claim also meets the required element of an act, or acts, of professional negligence. Your claim must meet the required element of significant damages that are the direct result of the act(s) of professional negligence.
Medmal claims are expensive; therefore the monetary award for damages must be sufficient to pay for the litigation process and provide the plaintiff (you) with an acceptable award for damages.
If you require treatment above and beyond what would have been required initially, you may find an attorney willing to take such a small claim of damages. If you consult with medmal attorneys, my advice is to seek consultation with small firms or with privately practicing attorneys (no partners).
At this point in your 'claim', my advice is for you to consult with several medmal attorneys in your area (the area of the MD's practice), get an MRI and/or CT scans with and without contrast, and find out if your lumbar herniation
was damaged by your not initially receiving proper treatment.
Best wishes,
EC