please help me with statutes in California!

[eyebthesweetie]

What is the name of your state?CALIFORNIA
I have a couple of situations I need help with...
I need to know the statute of limitations regarding medical malpractice (?), if that is the proper title for what occurred...and I need advice as how to handle a sexual battery/harrassment situation and the statutes for those types of crimes. I am a victim of both...one involved a lumbar puncture performed by an emergency room Physician during July of 2003, however, the pain and immobility is becoming worse as time goes by, instead of getting better...and the other situation happened between November of 2002 and March of 2003.

 

[rmet4nzkx]

You need to give more information about both. What do you view as malpractice? What is the nature of the sexual assult and against what professional?
When did each injury occur and when did you discover it?

 

[panzertanker]

What is the name of your state?CALIFORNIA
I have a couple of situations I need help with...
I need to know the statute of limitations regarding medical malpractice (?), if that is the proper title for what occurred...and I need advice as how to handle a sexual battery/harrassment situation and the statutes for those types of crimes. I am a victim of both...one involved a lumbar puncture performed by an emergency room Physician during July of 2003, however, the pain and immobility is becoming worse as time goes by, instead of getting better...and the other situation happened between November of 2002 and March of 2003.

Give the reason for the lumabr puncture, the resulting problems you have had and why you think it is med mal.
I am totally confused about your post regarding sexual assault...repost that a little more clearly...

 

[eyebthesweetie]

more info.

I have been diagnosed with a rare form of meningitis, called Mollaret's. It's aseptic, benign and recurring. I have been hospitalized approx. 16 times in 23 years . I have had many, too many, lumbar punctures, as that is the only way to see that it is active, other than taking my word and looking at my well-documented records. I've moved a lot and since it comes on within 24 hours, I end up with various Dr.'s in various E.R.'s who treat me as a guinea pig since so little is known and I do not have usual symptoms, such as temperature, extreme rigidity, etc. This Dr. had me do things that no other Dr. has ever asked me to do during the LP. He kept hitting a nerve and causing my leg to jump and causing great pain to me, and even though I begged him to stop, he told me to hold still and kept inserting the needle until he was "in". Then, because my fluid was "flowing slow", he said, he kept asking me to sit up a little more, and more, to make it flow faster. This was done with me sitting on the edge of a guerney, facing the wall, with no proper pillow or table to bend over so as to correctly expose my vertabrae. I had nothing to hold on to but the wall and as I attempted to balance , it pushed me backwards. And to top it off, just as he began his attempts to insert the needle, the nurse showed up with i.v. pain med and the Dr. told them to start the i.v. while he was tapping me! So, I was in excruciating pain balancing with one hand on the wall, trying to stay bent over and not move with one arm outstretched having an i.v. started. HE WOULDN'T STOP EVEN THOUGH I WAS CRYING AND BEGGING HIM, PLEASE!! He said, verbatim, "now you won't know which one of us to hate!" And NEVER have I been asked to move while a tap was in progress, let alone be told to "sit up!", "sit up! Amazingly, the tap was normal! So he sent me away. But, it was simply onset symptoms I was feeling, because two weeks later, the headache and rigidity came on even stronger and I went back to the same ER , different Dr., who admitted me, then tapped me, without trouble or pain, and this time, my whiteblood cell count was sky high! I was diagnosed once again, with Meningitis. To add to his incompetence, I returned to the ER approx. 2 weeks after I was released (after a 10 day stay), because there was so much pain and inflammation around the puncture site that I couldn't sit, stand, walk, anything! And guess who my Dr. was?...I told him what was happening, and he sent me home with a diagnosis of Munchhausen's! Even though I told him I had just been released, he didn't look to confirm it and because the tap he gave me was negative, he assumed I was drug seeking!! Which is ludicrous since I asked him only for a shot of Toridol. I have the ER report from all my visits showing everything except, of course, the pain and suffering he put me through with that tap and the difficulty I suffer more and more as time goes on...I will post info, about the other subject later..thank you for your response.

 

[rmet4nzkx]

Treating a chronic medical condition in ER's and not having a physician who is familar with your medical history can be problematic. This condition comes and goes even without treatment and since your LP was negaitve when tested it is going to be difficult to prove malpractice, even giving you a Dx of Munchhausen's or somatization disorder could still be justified even though you have chronic illness. You need to avoid stress and do what you can to boost your immune system as there is no cure for this condition. If they know the cause, the specific virus, treatment may be more effective. There are some biofeedback methods of stress management and headache control you may want to learn. Listening to soothing music or music with a heartbeat (1/1 beat eg Baroqe and Reggae Music, relaxation breathing exercises can help control release of cortisol and keep immune system working. Do you have a neurologist? Did this occur in a private practice or HMO setting? Did you file any complaints?

 

[eyebthesweetie]

shouldn't have waited...

It was in a regular hospital, and there are other factors involved that I haven't mentioned that involve discriminatory conditions on their part as well. However, I don't understand how my LP being negative should change anything. It proved to be positive only 2 weeks later! Unfortuneatley, my condition has symptoms that occur inbetween my "full-blown " episodes, such as incredible pressure headaches that come on quickly, and spine and neck pain and stiffness, which, I'm finding out, can precede an episode,(such as in this case), and continue after an episode as well. The discriminatory factors I mentioned involve the fact that, for the first time in my 44 years, I was incarcerated...and all this occurred while in custody. I was most definitely treated in a manner that was inhumane on several occassions and insensitive. And my illness was mostly scoffed at and I did not receive proper medical attention or consultation. Because the first tap was negative, my request for assistance two weeks later when Meningitis became active, was denied and ignored. I was left in a room in the infirmary, vomiting and in great pain for 3 days. I was relunctantly returned to the ER after I pleaded for them to have an LP performed again to show them that I was, indeed, having an episode. I thank you for your input. I have never been one to cause trouble or pursue retaliation when situations have arisen that warranted investigation on my behalf...but, the quality of my life has changed so much since that LP was performed, and that particular tap was so irregular, that I thought it was about time that I stood up for myself and perhaps make a change before this type of treatment causes pain and suffering to others. I especially hope to bring about change in the treatment and medical attention given to incarcerated persons...certainly there are many prisoners who "use" the system and lie about conditions and situations in order to gain attention and leniency on their behalf...however, there are many people, like myself, who simply made a mistake in life, and are repaying their "debt" to society, asking for no more than what is righteous and humane. The title "Prisoner" should not alter ones ability to receive medical attention, and for those who warrant it, compassion. As for the other part of my original post...I was sexually assaulted/battered by a correctional officer, and unlike many similar occurences (sp?), and accusations, it was not enticed nor mutually consented. Thank you for your time.

 

[ellencee]

eyebthesweetie

Looking up the statute of limitations is easy; just search the web for California medical malpractice statute of limitations--knowing which one applies to your claim requires presenting your information to an attorney in California and having the attorney tell you the statute of limitations.

Medical malpractice claims require that the person suffer significant damages that would not otherwise have occurred. Primarily, a medical malpractice case requires an attorney willing to bring the lawsuit on your behalf. I do not think you will find one willing to represent you. The defense would have no problem blowing your claim to bits, one hospital at a time, one MD at a time, one lumbar puncture...which one REALLY caused the problem...which one of these twenty or so MDs REALLY caused the damage? or is your 'injury' simply a result of chronic recurrent meningitis? An attorney representing you would have to be willing to answer the defense by PROVING it was no other hospital, no other MD, no other LP, and not a result of chronic recurrent meningitis. No way, Jose. No case.

EC

 

[rmet4nzkx]

You are not going to like what I say, but I am telling you this as an expert witness for the courts (forensic) in the area of neuroscience.

Leaving out the fact that you were incarcerated at the time is very significant, but even so, you have no cause of action for medical malpractice. Your claims of sexual misconduct if related to these events are unfounded as well. I suspect that there are even less grounds for any legal action aside from complaints.

As I previously explained, your medical condition is greatly influenced by your mental state, one aspect being stress, something over which you have control whether you admit it or not. The fact that you fail to receive appropriate treatment or monitoring for this condition, undermines any case you might have had. Having a chronic medical condition does not give you a get out of jail card. That being the case, incarceration, needless to say, could easily bring on an attack, somehting I suspect you were counting on, but the negative LP thwarted that attempt since you were counting on a positive test, knowing that it is only a matter of hours for an exacerbation. You might bring one one intentionally, or hoped you could, but it didn't work. The problems you had with the LP most likely were due to your lack of cooporation because you knew you weren't having an exacerbation, now you are looking for a winfall. Well you can look somewhere else.

While you may have had some subclinical symptoms, my guess is that you were malingering so the Doctor's Dx was correct and justifiable from a clinical perspective and that you worked yourself up to a clinical exacerbation over a two week period of time and that you would not be able to prove otherwise unless you were under the constant care and supervision of a physician, prior to incarceration, which you weren't. Do you wear a medic alert bracelet? Are you on disability or have a doctor's letter confirming this diagnosis? Was that a part of the court proceedings? Did you request ADA accommodations?

My previous reccommodations for proactive stress management and other measures are your best bet in managing your illness. The last thing you would want is the stress of a lawsuit even if you had a case and I suspect that no attorney would take your case on contingency. I would doubt, based on the way in which you presented the facts here, that even if you paid an attorney to sue, beyond a consultation, that they would decline the case on ethical basis, as required by the code of conduct.

My reccommodation is for you to seek counseling , appropriate medical care and healthy lifestyle.

 

[panzertanker]

It was in a regular hospital, and there are other factors involved that I haven't mentioned that involve discriminatory conditions on their part as well. However, I don't understand how my LP being negative should change anything. It proved to be positive only 2 weeks later! Unfortuneatley, my condition has symptoms that occur inbetween my "full-blown " episodes, such as incredible pressure headaches that come on quickly, and spine and neck pain and stiffness, which, I'm finding out, can precede an episode,(such as in this case), and continue after an episode as well. The discriminatory factors I mentioned involve the fact that, for the first time in my 44 years, I was incarcerated...and all this occurred while in custody. I was most definitely treated in a manner that was inhumane on several occassions and insensitive. And my illness was mostly scoffed at and I did not receive proper medical attention or consultation. Because the first tap was negative, my request for assistance two weeks later when Meningitis became active, was denied and ignored. I was left in a room in the infirmary, vomiting and in great pain for 3 days. I was relunctantly returned to the ER after I pleaded for them to have an LP performed again to show them that I was, indeed, having an episode. I thank you for your input. I have never been one to cause trouble or pursue retaliation when situations have arisen that warranted investigation on my behalf...but, the quality of my life has changed so much since that LP was performed, and that particular tap was so irregular, that I thought it was about time that I stood up for myself and perhaps make a change before this type of treatment causes pain and suffering to others. I especially hope to bring about change in the treatment and medical attention given to incarcerated persons...certainly there are many prisoners who "use" the system and lie about conditions and situations in order to gain attention and leniency on their behalf...however, there are many people, like myself, who simply made a mistake in life, and are repaying their "debt" to society, asking for no more than what is righteous and humane. The title "Prisoner" should not alter ones ability to receive medical attention, and for those who warrant it, compassion. As for the other part of my original post...I was sexually assaulted/battered by a correctional officer, and unlike many similar occurences (sp?), and accusations, it was not enticed nor mutually consented. Thank you for your time.

I have decided to answer you, even though I thoroughly dislike being misled...

The issue I see at hand is not that you are/were a prisoner who did not receive appropriate medical care, rather your issue is that you have NO PRIMARY CARE PROVIDER.
As ellen states, "who caused the problem"

Next, If you would be so willing to leave out vital information to us, people who do not know you, cannot see you and have NO vested interest in your care/outcome one way or another; what makes us think you were "honest and forthcoming" with any of the providers you sought care from?

You are asked to provide ALL pertinent information, you chose not too. That makes your statements suspect from the start...

 

[eyebthesweetie]

interesting...

Well, unfortuneatly this is a prime example of what happens when the word "Prisoner", or "incarceration" is mentioned...it brings about discrimination and ignorance...
I appreciate an objective view, and have the ability to recognize my "shortcomings", however, your accusation/assumption regarding my "wishing for my illness to occur" and my "failed attempt to bring it on", are certainly ignorant and discriminatory. I can't imagine anyone who has ever experienced Meningitis let alone an LP wishing and hoping for it to occur! I had no desire to be removed from my surroundings...I did my time quietly, and used it to further my education, build my business as an Artist, which is now thriving, Thank you...excercise and read good books...After 23 years of dealing with this illness you would think I would have experienced at least one other difficult or insensitive Physician...but, no, only while incarcerated.
As for the assault...an investigation was brought on my the department itself and is now heading for court...another prisoner brought my name into it, or I would not have ever mentioned it for fear of my well being and lack of trust in the system to believe or represent me properly. Now, I am simply trying to find an honest Attorney to advise me and assist me throughout the proceedings. So...unless you have some knowledge about these incidents that is more than your hypothesis of the situation...Good day.

 

[rmet4nzkx]

I did give you an objective assessment on the difficulities of presenting a case when by the very nature of the illness one can malinger. In my response I gave some insight into the process by which that clinical determination would have been made. It is beyond the scope of this forum to justify my professional opinion any further. It had nothing to do with your incarceration per se, but rather your lack of medical supervision, intentional withholding of the facts designed to yield a specific affirmation and the sequence of events combined with the nature of the illness. You have not answered any of the questions posed by the others or myself and the physician's Dx was appropriate, it had nothing to do with a lack of understanding of your disease, more likely an understanding of your disease. It is not relevant if anyone here has ever had meningitis or LP.

Bottom line, you have no case of medical malpractice against the doctor who performed the LP or who Dx you as malingering.

 

[eyebthesweetie]

continuing on...

For your understanding, and to those who have kindly taken the time to respond to my posting...I have not had, or taken, the time to view any other responses...now that my children are off and I've finished my morning obligations, I will eagerly read the rest of the notes. May everyone understand, that I did not withhold the fact that I was incarcerated from my first, initial posting, with the intention of misrepresenting myself, or my situation. I withheld the info. because to mention it at that time would have created the need to write a very long, and what I felt would be, unnecessarily long first posting. This is the first time I have ever participated in this sort of forum, and was interested in choosing a respondent to discuss matters with in depth, first. Again, to the person I have been communicating with... I respectfully thank you for your objective view.

 

[rmet4nzkx]

As you will note, in my response prior to your admission that this occured during incarceration I noted that: "This condition comes and goes even without treatment and since your LP was negaitve when tested it is going to be difficult to prove malpractice, even giving you a Dx of Munchausen's Syndrome or somatization disorder could still be justified even though you have chronic illness."

My subsequest responses, although more indepth, don't change and are based on what objective clinical findings/facts you provided. Both would indicate a Dx without the knowledge of inceration, there is a fine line between Dx in the DSM-IV-TR between these and Malingering which would also include circumstances such as inceration, thus the first ER doctor, even having the knowledge of your incerceration still gave you the benefit of the doubt, nor would they have given you a LP without reason. Munchausen's syndrome or Factious disorder, Somatization Disorder and or Malingering are more or less the same.

Malingering

Malingering is the intentional faking of physical or psychological illness or symptoms in order. These symptoms are faked in order for some reason, such as gaining medication, getting disability payments, or missing work.

Somatization Disorder

Somatization Disorder has multiple unexplained somatic (physical) complaints that occur in multiple areas of the body. The minimum number of separate complaints that have to occur in order to qualify for this disorder is 8, including 4 pain symptoms, 2 gastrointestinal symptoms, 1 sexual symptom, and 1 pseudoneurological symptom. Generally, when people with this disorder present with a problem, they do so very dramatically, explaining the symptom as "the worst ever" or "I was bleeding like a stuck pig."


Factitious Disorder(Munchausen's syndrome)

A Factitious Disorder is one in which a person fakes physical or psychological symptoms to become a patient. The reason they do this is not understood, other than it is a compulsion. They feel the need to be a patient, at the cost of needless and dangerous tests. As a result, this category of disorder falls in the middle ground between intentionally faking the illness, and unconsciously faking the illness.

 

[ellencee]

Whether or not the original poster was or is incarcerated has nothing to do with the answer to California's statutes of limitations or with whether or not a viable claim of medical malpractice exits, which it does not (unless the poster can pay the attorney's fees and costs and the defenses fees and costs and an award is not important when compared to the joy of aggravating the defendant).

This claim is too easily defended through the defense tool of "finger-pointing". The revelation that the poster was incarcerated at the time only strengthens the defense's position.

We, as senior posters, have taken on the bad habit of grilling posters for their medical history and personal life. We contradict the professional opinons of treating physicians without having any substantial basis or rationale for doing so. We are offering diagnoses, plans of treatment, medical references, etc. without ever having laid eyes or hands upon the poster. In doing this, we are not meeting the purpose of this forum or providing responses in the manner of medmal complaint screening.

More than once and very recently we have been warned in the manner of "a word to the wise is sufficient".

All this poster needed to know was that more likely than not, there was and is no viable claim of malpractice because the claim whether valid or not is too easily defended. The remainder of our replies hint of stroking our own professional egos.

EC

 

[rmet4nzkx]

Ellen,
In order to answer OP's original quetions about SOL, required information upon which to base a response. So we asked for clarification. In doing so, OP provided some information which indicated that the question insofar as the med-mal LP question only, had no merit. So, information about date of discovery, 1,2 &/or 3 year SOL was moot and op needed to know why. OP was offended with the answers received from all responders, feeling as if the fact of their incarceration was the deciding factor, when in fact it was based upon objective findings and the potential for defense. Incarceraton was a factor in the doctor's Dx of Munchausen's syndrome/malingering with the onjective clinical finding of a negative LP.

The other part of OP's question re sexual misconduct, is apparently being handled separately and apart from this potential legal action. I was not trying to show off, but rather explain to OP because they didn't understand, why the doctor's Dx was appropriate from a clinical aspect, and not a biased opinion. If they want to make complaints to the hospital and or the medical board, they are free to do so, an investigation will be conducted. Please don't read more into this than is intended. Have you been warned? I haven't.