Do we have a case?

[casper414]

In Oct.04 my husband went to a ear/nose/throat specialist with a cyst inside his ear, DR said no problem a couple hour surgery you'll be good. After a 4 hour surgery the Dr came out and told me he had problems, and wasn't sure if he got it all. He ended up witha staph infection, which ate part of interior of his ear, after several bouts with antibiotics including 2 sets of I.V. treatments, the Dr. never took a culture, just kept giving different antibiotics. The lump kept coming back with serious pain. This lasted off and on until about March of 05. then it seemed to clear up for acouple of months, and once again the lump was back, DR said don't worry, here's more antibiotics. Now we're into NOV. 05, went to hospital, lump was huge and extending outside ear, they called DR, he said more antibiotics, pain medicine don't worry, come in if it gets bigger. It got bigger, he finally pulled a culture, found nothing. Again don't worry, take more antibiotics. Several calls and visits later, he calls for an MRI. Once he gets the results, he calls and says you can come in or I can refer you to a specialist. We go to a specialist, and he says you have a rare cyst, formed by a birth defect. We need to do surgery, unless you want to deal all your life with it. Now the new DR. says because of scar tissue, we may lose more of ear, part of bone behind ear and more time off work. Do we have a case, or is this just a lost cause?

 

[barry1817]

cyst

In Oct.04 my husband went to a ear/nose/throat specialist with a cyst inside his ear, DR said no problem a couple hour surgery you'll be good. After a 4 hour surgery the Dr came out and told me he had problems, and wasn't sure if he got it all. He ended up witha staph infection, which ate part of interior of his ear, after several bouts with antibiotics including 2 sets of I.V. treatments, the Dr. never took a culture, just kept giving different antibiotics. The lump kept coming back with serious pain. This lasted off and on until about March of 05. then it seemed to clear up for acouple of months, and once again the lump was back, DR said don't worry, here's more antibiotics. Now we're into NOV. 05, went to hospital, lump was huge and extending outside ear, they called DR, he said more antibiotics, pain medicine don't worry, come in if it gets bigger. It got bigger, he finally pulled a culture, found nothing. Again don't worry, take more antibiotics. Several calls and visits later, he calls for an MRI. Once he gets the results, he calls and says you can come in or I can refer you to a specialist. We go to a specialist, and he says you have a rare cyst, formed by a birth defect. We need to do surgery, unless you want to deal all your life with it. Now the new DR. says because of scar tissue, we may lose more of ear, part of bone behind ear and more time off work. Do we have a case, or is this just a lost cause?

I am confused about seeing this ENT specialist who is then referring to a specialist.

A common issue for malpractice is when a person treats in a speciality, but not to the standards of that speciality.

[email protected]

 

[ellencee]

In Oct.04 my husband went to a ear/nose/throat specialist with a cyst inside his ear, DR said no problem a couple hour surgery you'll be good. After a 4 hour surgery the Dr came out and told me he had problems, and wasn't sure if he got it all. He ended up witha staph infection, which ate part of interior of his ear, after several bouts with antibiotics including 2 sets of I.V. treatments, the Dr. never took a culture, just kept giving different antibiotics. The lump kept coming back with serious pain. This lasted off and on until about March of 05. then it seemed to clear up for acouple of months, and once again the lump was back, DR said don't worry, here's more antibiotics. Now we're into NOV. 05, went to hospital, lump was huge and extending outside ear, they called DR, he said more antibiotics, pain medicine don't worry, come in if it gets bigger. It got bigger, he finally pulled a culture, found nothing. Again don't worry, take more antibiotics. Several calls and visits later, he calls for an MRI. Once he gets the results, he calls and says you can come in or I can refer you to a specialist. We go to a specialist, and he says you have a rare cyst, formed by a birth defect. We need to do surgery, unless you want to deal all your life with it. Now the new DR. says because of scar tissue, we may lose more of ear, part of bone behind ear and more time off work. Do we have a case, or is this just a lost cause?

You don't have a "case" and neither does your husband. The medical regimen provided by the ENT resolved all infections, caused no infection, remove the cyst with the admission of a possibility that not all of the cyst was removed. Your husband didn't get staff, he's covered in it (as we all are). The surgery opened the skin and the staff went in. The staff infection responded to antibiotic therapy. Not doing a culture earlier is a moot point as the culture, when done, found "nothing"; which proves the antibiotics yielded an effective result vs. failed as a treatment.

The ENT recognized a problem requiring consultation with a particular disease/organ specialist, made the appointment in a timely manner, and as a result, your husband received and is receiving proper medical management.

Scar tissue may impede removal of the whole cyst at this point; but, the cyst itself prevented total removal by the ENT, who would have removed all the cyst if he could have removed all the cyst.

The final diagnosis is that your husband has a cyst so rare that it requires a specialized specialist to diagnose and treat; there is no way an ENT can be held to the same standard/knowledge/diagnostic/treatment abilities as the specialized specialist.

There is no valid claim of medical malpractice/professional negligence. No money. No person to blame. Just another pothole in the road of life.

Best wishes,
EC

 

[jackryan]

There is no valid claim of medical malpractice/professional negligence. No money. No person to blame. Just another pothole in the road of life.

Best wishes,
EC

EC

I honestly have to say that you have a real problem. I dont know what happened to you or who did you wrong. I came here for practical advise from an attorney and instead got nothing but scorn from you. I have searched threads and read your responses and have found that you do the same to just about everyone. I thought this was a legal forum and frankly can't believe members here put up with you. I think you drive more people away even more determined to pursue legal action even when there is "no case" because your attitude and bedside manner resembles that of the grinch.
If you are so concerned about frivolous law suits then a good attitude mixed with compassion and understanding would take your medical advise a lot further and would do more for your cause. You are offensive and insensitive to many people who are just asking questions. If you think there is no case then why don't try explaining why with a little tact rather than hurting the very people who feel they may have been hurt. I think you should be banned for you crude and rude behavior!

 

[jypsy_rose_lee]

I can see how you feel about the way ellencee responds to peoples medical malpractice questions,but I can also see why she responds that away when I read some of the questions on this forum.There are some big changes going on around the the United States in regards to medical malpractice reform.People who are seriously hurt and I'm talking seriously hurt from medical malpractice, don't stand a chance to recover what thier damages are actually worth.There are children who have lost their mothers suport and love due to failure to diagnose breast cancer early enough to save her life. There are poeple who have lost vital parts of thier bodies due to medical mistakes,who I might add are disabled for the rest of their lives and can't work.Who will suport their familys?Your fortunate that your husband can return to work.To diagnose someone with a rare illness or an illness that they have never had before isn't easy because alot of illnesses have the same symtoms,a good doctor will have numerous tests ran to git to the bottom of whats going on and if they can't help you they will refer you to a specialist who can.Correct me if I'm wrong but I believe that is what the doctor did for your husband.
As far as ellencee's responce,it may have been harsh, but the way things are now with medical malpractice you might as well git use to it.Attorneys won't even waste their time and money unless you have serious injurys and can prove medical negligence.Attorneys can be just as blunt.

 

[ellencee]

EC

I honestly have to say that you have a real problem. I dont know what happened to you or who did you wrong. I came here for practical advise from an attorney and instead got nothing but scorn from you. I have searched threads and read your responses and have found that you do the same to just about everyone. I thought this was a legal forum and frankly can't believe members here put up with you. I think you drive more people away even more determined to pursue legal action even when there is "no case" because your attitude and bedside manner resembles that of the grinch.
If you are so concerned about frivolous law suits then a good attitude mixed with compassion and understanding would take your medical advise a lot further and would do more for your cause. You are offensive and insensitive to many people who are just asking questions. If you think there is no case then why don't try explaining why with a little tact rather than hurting the very people who feel they may have been hurt. I think you should be banned for you crude and rude behavior!

You are free to think and state your opinion. The same is true for me. You asked for medical legal advice and you received it. If the truth is known, you only wanted an answer that supported your desire to receive riches from some medical professional. If I had lied and supported your belief you would be singing my praises. Thank goodness, your opinion of me and my response to your "case", is of no value. Yawn.

EC

 

[casper414]

EC,
First let me say, check the replies, you ripped me up, and it wasn't me who did it. Thank you for your honesty, I think.

To the rest of you, yes it wasn't a "serious injury", but how many times have you seen a grown man, and I don't mean a sissy, shake, and fight tears over pain? Repeated needles in the ear, and every kind of antibiotic known to fight something. My point was the Dr. should have done the MRI in the first place, before doing surgery, instead of just taking a quick peek in his ear, saying oh yes, you have a sebaceous cyst and then when he didn't get it all he just kept trying to fix it with more antibiotics without trying to find the cause until 18 months later. As far as a different specialist, it's the same type, "ENT", just in a different city. My main point is, my husband has been in serious pain, and the doctor basically just didn't care. Sorry if I offended anyone. thank you for your help.

 

[barry1817]

cyst

EC,
First let me say, check the replies, you ripped me up, and it wasn't me who did it. Thank you for your honesty, I think.

To the rest of you, yes it wasn't a "serious injury", but how many times have you seen a grown man, and I don't mean a sissy, shake, and fight tears over pain? Repeated needles in the ear, and every kind of antibiotic known to fight something. My point was the Dr. should have done the MRI in the first place, before doing surgery, instead of just taking a quick peek in his ear, saying oh yes, you have a sebaceous cyst and then when he didn't get it all he just kept trying to fix it with more antibiotics without trying to find the cause until 18 months later. As far as a different specialist, it's the same type, "ENT", just in a different city. My main point is, my husband has been in serious pain, and the doctor basically just didn't care. Sorry if I offended anyone. thank you for your help.

I am willing to think that in the future if a doctor prescribes several courses of different antibiotics, without taking a culture, it may be looked at as failure to exercise due dillegence in treating the patient.

As to any comment that people are looking at law suits as a way to riches, completely ignores that when patient suffer from medical "misadventures", doing what is necessary to correct the problem is something that needs to be looked into.

But this reminds me of the dental community stating that people shouldnt go out of the country for treatment, because there is no recourse if a problem arose, then finding out that there really is no recourse when a problem arises here, because the "damages" aren't worth the time or money of an attorney.

And knowing human nature, at little bit, I just wonder if those that would criticize so harshly a person's request for information and help, would have the save view, if the person harmed were to be a loved one.

[email protected]

 

[jypsy_rose_lee]

Wow! I see what your saying,that was 1yr 2 months before the doctor did an MRI and sent your husband to a specialist. Thats just way too long to have to suffer.After 6 months on antibiotics and the infection stll apparent the doctor should have done an MRI to see why the antibiotics weren't curing the infection.I would gather up all your husbands medical records and talk to an attorney.I know though with my own experience of being misdiagnosed with pneumonia instead of cancer for 6 months that pursueing a medical mal claim isn't easy.I had stage 4 NHL by the time it was found and lost my hearing from strong 4 days 24 hrs of chemo to save my life.Doctors were told I had a history of NHL each time I went to the hospital soo sick I thought I was going to die and each time they said I had pneumonia.I have been talking to attorneys because I can't afford hearing aids or the upkeep of hearing aids and I can tell you with all the medical malpractice reform bills thats been passed it can feel like a losing battle.I really feel for your husband because I know what that suffering feels like.Things like this could be avoided if doctors didn't just assume things and took alittle more time to be alittle more thorough with their patients.I really wish your husband the best of luck,make sure you git all his records if an attorney has to git them it can be very costly.

 

[jackryan]

to be dispensing ANY legal advice. Get real! This person has a legitimate claim and you know it!

I believe the comment was to me not the person posting.