Carpal Tunnel My Eye!!!!

[candycane64]

What is the name of your state (only U.S. law)? AZ

I am a 44 yr young woman, and I am hoping to determine if I should seek legal representation on a Malpactice or Misdiagnoses issue. In 1998 I was diagnosed with carpal tunnel syndrome. I filed a workman's compensation claim in hopes of getting it repaired so I could finish my associates in accounting. I went to numerous hand surgeons and IME's, all diagnosing me with carpal tunnel.

Finally in 2000 or 2001 state fund paid me a cash amount of 2400.00 and I was only awarded my left hand. I was to recieve medical on my left hand for two years, at which time they wanted to review the status of my carpal tunnel.... they ran two seperate EMG's finding the median nerve within the normal range. However, two years later nothing had changed.. my median nerve was still normal.

State Fund closed my workman's compensation claim in 2003, leaving me with two worthless hands that had a normal median nerve, stating my carpal tunnel wasnt severe enough for surgery. They did acknowledge that my right hand was also affected but due to the fact it wasnt as severe as the left they would only cover the left hand.

Nothing ever was done about the nerve damage I was suffering and one Dr. went as far as to say my opinion about the adverse effect steroids had on me was dubious!!!!

In 2005 I was diagnosed with a very rare blood disease and a form of RA/Lupus. I no longer have use of my left hand, the pinky finger and ring finger are totally numb. I havent felt them in years, my right hand has the same problem but for some reason the left side is always worse than my right.

I had a EMG and a NCV finding that the median nerve is still in great shape but that the ulnar nerve is compromised and has been for a prolonged period of time.

I feel there should be compensation for the decade of being unemployed and now being disabled. I feel the Dr's had tunnel vision on this and they all ignored the test results that they ordered and charged me for. They only examined me to agree or disagree that I had carpal tunnel, and determine if it was work induced.

I feel that they should have been more throurough, I didnt feel like I was seeing any Dr.'s, more like Insurance Adjudicator's.

Help! What is the name of your state (only U.S. law)?

 

[You Are Guilty]

There is no physician-patient relationship formed with IME doctors, nor are they responsible for exams/diagnoses beyond what they have been contracted to perform. You don't have a case against them.

 

[ecmst12]

Why weren't you seeing your OWN doctor if you were unsatisfied with your treatment?

 

[candycane64]

There is no physician-patient relationship formed with IME doctors.

Several of these Dr.'s were not IME's. One of them my family physician, another was privately funded, and the neuroligist was contracted to perform EMG's on both wrists, which normally includes the ulnar nerve when conducting this test. The neurolisgist's fees were deducted from my settlement as well.

If they were contracted to determine if in fact I did suffer from carpal tunnel, they all dropped the ball because carpal tunnel involves the median nerve, in which the extremely expensive tests they ordered had showed that the median nerve was fine.

The privately funded Dr. recommended that the test be done more throuroughly, including the upper extremities.... this recommendation was ignored.

 

[ecmst12]

Or maybe YOU failed to follow up to have the more detailed tests done.

If it had been known that your condition was NOT work related, you would not have gotten ANY settlement.

 

[lya]

2008-1998=10 years.
The statue of limitations has most likely expired, anway.

 

[candycane64]

Or maybe YOU failed to follow up to have the more detailed tests done.

Well maybe so .. but tell me how is a person that has been unable to work for 5 years supposed to afford these so called more detailed tests? I was supposed to get continued medical attention for two years following the settlement, I am not a dubious person. I am a hard working individual that enjoyed my working enviroment, if you are insinuating that I had full knowledge of the underlining issues you are not only out of line.... but that is called fraud!!!!!!

I did seek other medical professionals .. Unfortunately the 6k I paid the prior so called "specialist's" that conducted the tests that were recordedly ignored broke the bank and there is no government bail out for the poverty stricken with no health care.. just the boys born with silver spoons in their mouths, cruising wallstreet are entitled. If you dont mind me saying so it is almost as though you are taking this situation personally???? I feel their is a conflict of interest here.....
have as nice day!!!!!!

 

[ecmst12]

I'm not insinuating that YOU (or anyone else) knew the problem was not work related. The point is that having a difficult to diagnose condition makes malpractice much LESS likely, not more. The point is, especially the IME doctors were LOOKING for reasons your condition was not work related, and couldn't find any.

And there is a "government bailout" for the truly impoverished people without health care - it's called medicaid.

 

[candycane64]

and there is a "government bailout" for the truly impoverished people without health care - it's called medicaid.

rofl !!!!!!

 

[ecmst12]

Laugh all you like. If you make too much money to qualify for Medicaid, then you are not living in 'poverty'. In fact, since you claim to have been disabled for more then 5 years, you should be on MEDICARE and SSDI. Unless you are not totally disabled.

But the poverty level for this year is set at annual income around $10k for a single person. AZ offers medicaid for free to those in that category. They also offer a low premium state coverage for people who are disabled but still working and making up to $26k/year, maybe you fit this category. If you are 100% disabled and receiving SSDI but not yet eligible for Medicare, they offer a temporary state coverage with NO income limit, premiums charged on a sliding scale between $60-300 per month. So if you are not totally disabled and living on social security, and you're making more the $26k per year, you are NOT in poverty and you should not exaggerate your situation, it makes you a much less sympathetic person.

If you want more information about the plans I just described, I found the information by googling 'AZ medicaid'. You can find the phone number etc from there.

 

[lya]

ecmst12,
Nobody is winning the medmal lottery these days; are they?

 

[candycane64]

So if you are not totally disabled and living on social security, and you're making more the $26k per year, you are NOT in poverty and you should not exaggerate your situation, it makes you a much less sympathetic person.

Quite the opposite, I have not exaggerated my situation. A person exaggerating their situation would have gone to work long ago. I have been unable to work since 2001, and from 1998 to 2001 I made less than 5k trying to desperately seek something I could do with no hands. My workman's compensation claim was closed in 2003 and I finally recieved medical attention again in 2005. I hired an attorney to handle my ssdi claim and have been considered 100% disabled, but the government only offered to pay me as far back as 2006.

I would like to know why I can't be compensated for my loss of work and loss of my hands, especially considering I was lead to believe this was an operable condition. I have documentation to back up my claims and this all almost cost me my life.

Please let us not forget we pay into the medicare fund at the amount of 1.45% of our gross pay. This is also match by our employers. This is not a bail out this is medical insurance paid for in advance.

 

[ecmst12]

You pay into MediCARE but not MediCAID. They are different. Medicaid is the state-run insurance for those in need, Medicare is the federally-run program for the retired and disabled. I'm sure that your state taxes went to Medicaid in part, but it's not itemized out like Medicare is.

The problem is that your condition was NEVER work related, it was ALWAYS genetic/congenital, and it was always going to get worse and not better. And it was always going to be difficult to diagnose because of the nature of the conditions. In order to have a case, you have to prove that a specific act, by a specific doctor, fell below the standard of care, and also that your current condition would not be as bad as it is now, if it had been diagnosed sooner. I don't see how you can do that.

 

[candycane64]

I didnt go to the doctor because I wanted to open a workman's compensation claim.... I went to the doctor to find out what was wrong and what could be done about it...They ordered the appropriate test to determine if the median nerve was compromised. The test determined that the median nerve was not compromised which is what carpal tunnel is. At this point had I known that they were wrong would have tried to find out what exactly it was and what to do about it. Instead there are 5-6 years wasted on a diagnoses that was incorrect instead of getting treatment for the real problem, and possibly being employable. I have all the reports from each of the doctors and yes though its true my condition would only get worse, quickly without treatment but with treatment could have been slowed down to the extent of me working another ten years or so.