DomesticPtnr
Junior Member
What is the name of your state?What is the name of your state? New York
Our general practioner (an internist) was asked last summer if my partner, a then 57 year old diabetic woman with a strong family history of stroke, should have a carotid artery screening. This question was prompted by our receipt of an advertising flyer in our local paper. This doctor was the patient's regular doctor of long standing.
He stated that she didn't need the screening.
Subsequently, she has had a stroke. It was determined that one carotid artery was completely blocked and the second carotid artery was 90% closed. Neurovascular stent insertion was recently sucessful, and she is no longer at extreme high risk for deadly second stroke.
She has some neurological damage from first stroke, but not profound. She can walk, talk, and since the stenting, is much more mentally alert than she had been. This is why I wonder if there is a case here. She's not profoundly injured. Also, as a 50+ year old diabetic, .... well, in a wrongful death type of case, I could see that there could be arguements that her life expectancy was not as strong as if she didn't have the condition. However, it's not a wrongful death situation. Here's more about the situation.
The stroke was diagnosed because I felt she was effectively disabled (from combination of diabetes, high blood pressure and colesteral meds, I thought.) and wanted her to persue a SS disability case. Her primary symptoms were memory impairments, physical weakness, and profound tiredness - falling asleep during day, etc., (all of which had been previously reported to this doctor). He appeared quite sceptical, stating that she wasn't disabled, she was retired, and wouldn't certify her disabled without a neurologist's evaluation and a sleep study first. (She had retired early from teaching at age 55 - but I never saw that that had any bearing on a medical diagnosis of physical disability - but never mind.) Knowing her condition I said - perhaps to his surprise - well, let's do it, because she definately couldn't hold down a job in her present condition.
The neurologist's exam lead to the diagnosis of the past stroke and the (then) extreme risk of a second (most likely deadly) stroke. Emergency scheduling of the recently successful stent proceedure followed. While we were waiting for the neurological scans that diagosed the stroke, a sleep study was held. That study diagnosed severe obstructive sleep apnea.
We are quite angry, as the forgone screening could very likely have prevented the first stroke. And a referal for a sleep study could have dignosed the apnea, probably years ago. I can't believe that we discovered all these treatable conditions due to my pushing for a disability diagnosis that he didn't want to give!
This doctor didn't visit or call while she was in the hospital, nor has he called since the surgery. We think he's running scared.
While I believe that I have no legal standing in the case under current NY law, even though we've been registered domestic partners since NYC allowed registration (that I couldn't sue, for wrongful death, for instance) since she's alive (thank god!) she can persue her own case. She takes my advice in financial and legal matters, so she has asked me to recommend whether, and if so how, to persue a case.
Is this a case worth persuing? We have young children we are raising together, and I just spent a week thinking that I was next door to becoming a single parent. If we could get some money damages it could go along way towards improving their well-being. I don't know if we should responsibly walk away from a potential recovery. However, given the stress and agravation potentially involved, if the case is not likely to be successful, perhaps we should just find another doctor and move on.
Thanks, in advance, for sharing your thoughts in this matter.
DomesticPtnr
Our general practioner (an internist) was asked last summer if my partner, a then 57 year old diabetic woman with a strong family history of stroke, should have a carotid artery screening. This question was prompted by our receipt of an advertising flyer in our local paper. This doctor was the patient's regular doctor of long standing.
He stated that she didn't need the screening.
Subsequently, she has had a stroke. It was determined that one carotid artery was completely blocked and the second carotid artery was 90% closed. Neurovascular stent insertion was recently sucessful, and she is no longer at extreme high risk for deadly second stroke.
She has some neurological damage from first stroke, but not profound. She can walk, talk, and since the stenting, is much more mentally alert than she had been. This is why I wonder if there is a case here. She's not profoundly injured. Also, as a 50+ year old diabetic, .... well, in a wrongful death type of case, I could see that there could be arguements that her life expectancy was not as strong as if she didn't have the condition. However, it's not a wrongful death situation. Here's more about the situation.
The stroke was diagnosed because I felt she was effectively disabled (from combination of diabetes, high blood pressure and colesteral meds, I thought.) and wanted her to persue a SS disability case. Her primary symptoms were memory impairments, physical weakness, and profound tiredness - falling asleep during day, etc., (all of which had been previously reported to this doctor). He appeared quite sceptical, stating that she wasn't disabled, she was retired, and wouldn't certify her disabled without a neurologist's evaluation and a sleep study first. (She had retired early from teaching at age 55 - but I never saw that that had any bearing on a medical diagnosis of physical disability - but never mind.) Knowing her condition I said - perhaps to his surprise - well, let's do it, because she definately couldn't hold down a job in her present condition.
The neurologist's exam lead to the diagnosis of the past stroke and the (then) extreme risk of a second (most likely deadly) stroke. Emergency scheduling of the recently successful stent proceedure followed. While we were waiting for the neurological scans that diagosed the stroke, a sleep study was held. That study diagnosed severe obstructive sleep apnea.
We are quite angry, as the forgone screening could very likely have prevented the first stroke. And a referal for a sleep study could have dignosed the apnea, probably years ago. I can't believe that we discovered all these treatable conditions due to my pushing for a disability diagnosis that he didn't want to give!
This doctor didn't visit or call while she was in the hospital, nor has he called since the surgery. We think he's running scared.
While I believe that I have no legal standing in the case under current NY law, even though we've been registered domestic partners since NYC allowed registration (that I couldn't sue, for wrongful death, for instance) since she's alive (thank god!) she can persue her own case. She takes my advice in financial and legal matters, so she has asked me to recommend whether, and if so how, to persue a case.
Is this a case worth persuing? We have young children we are raising together, and I just spent a week thinking that I was next door to becoming a single parent. If we could get some money damages it could go along way towards improving their well-being. I don't know if we should responsibly walk away from a potential recovery. However, given the stress and agravation potentially involved, if the case is not likely to be successful, perhaps we should just find another doctor and move on.
Thanks, in advance, for sharing your thoughts in this matter.
DomesticPtnr