malpractice?

[marcze@adelphia]

What is the name of your state? Colorado...
but the incident occurred in Iowa.
Between Feb. & Dec. '03 I had 3 back surgeries, the last resulting in a fusion at L5/S1. After the 3rd operation, my doctor told me that I had degenerative disk disease and would have some limitations of activities the rest of my life. In Jan.
'04 my husband (who is a physician) and I went through a very messy divorce trial. One of the hottly debated issues was whether or not I could (or should)
work after the divorce. Since we didn't need the money and we both agreed it was best for our 6 children, I agreed to be a "stay-at-home-mom" for almost all of our 17 years of marriage. During those 17 years, I experienced 10 years of nearly endless migraine headaches for which we attempted EVERY kind of treatment. I was finally saved by the head of neurology at Beth Israel (Harvard)
Hospital in Boston. Anyway, because of both the migraine and back histories (and the fact that my husband wanted me to be with our kids as much as possible) my lawyer asked for enough alimony to continue the life style we had all chosen...me not working, giving 100% to our kids. But to dispute our request, my ex had my neuro/ortho surgeon (who works closely with my ex in our hometown clinic) testify that I was 100% fine and able to take on any occupation. He stated that "everyone has some degree of degenerative disk disease" and that I had NO limitations of activities as a result of the fusion.
Because of his testimony, I was not granted enough alimony to continue the
"stay-at-home" lifestyle we all enjoyed. Since there were no jobs for me in my field (ECE-institutional care of children) in our hometown in Iowa, we decided to move to a place where I could get employment...Colorado. I have been an
EA-one on one aide for a 115 lb. autistic boy for over a year now. Because of his severe behavioral problems, I am constantly pushing, pulling, lifting and hauling him around. (Since the last opinion of my doctors was that "she can do anything," I did everything.) Now I am experiencing excrutiating pain in my hip and leg (as I had before surgery) and have even lost the feeling in the outside of my right foot. In the last several days, I have even experienced "foot drop." I'm afraid that I'm in for another operation (although I can't even afford a doctor's appointment at the moment.) What can I do? I believe that the doctor who told the court that I had no limitations (only for the sake of financially helping his fellow doc & friend) should be held responsible, especially since, in his post-op notes, he states that I should limit my activities. Does anyone have any advice? Thanks, in advance!

 

[rmet4nzkx]

DDD is a common clinical finding that is age related, some people having fairly severe DDD and no symptoms. Therefore that portion of his opinion is congruent with common findings, whether or not you should have restrictions might be evaluated by another specialist but it was up to your attorney at that time to question this opinion or confront the doctor with the clinical notes, your attorney did have a copy of your chart in advance of the trial since you were making an issue of your disability? You have also chosen to do fairly demanding work.

Now you are in a different state, seek evaluation through your workers comp if this is a work related injury, if it turns out to be exacerbation of the preexisting condition you may have both a w/c/ case and may be able to file to modify the existing spousal support. Malpractice at this point may be too expensive to prove.

 

[marcze@adelphia]

Thanks for the information. My lawyer did question the doctor's contradiction of opinion in the courtroom vs. what was written in my chart. He said that, after further evaluation, his opinion changed. My lawyer asked how he could have made any "further evaluation" since he hadn't seen me at any time since that chart was written. He told the court that he based his opinion on several conversations he had with me over the phone, conversations he had with my
(then) husband and the fact that I had tolerated and recovered from surgery so well.
As for trying to modify support...my ex has purposely lowered his income from over $300,000 to less than $180,000 so I'm afraid that taking him back to court will only result in LESS alimony. Yes, I'm aware of the "earning potential" thing but if he got his doctor friend to tell the court that I'm perfectly OK then I'm sure that he will find someone in the business office to convince a judge that
"Family Practice just isn't what it used to be. Every doctor in our clinics has had a decrease in income." That's the way my ex works. That's why I think I'd have more success with malpractice. Now, W/C, I have to look into yet because I know nothing about it since I was not employed for so many years.
Again, thanks for your help and opinions.

 

[rmet4nzkx]

Make a w/c claim through your employer and contact a w/c attorney re the specifics of your case. You really don't have a case for malpractice because you don't like the results of your witness's testimony and in fact you did recover from the surgery and also had your problem with migraines improve which would have impacted your tolerance of pain.

 

[marcze@adelphia]

Thanks, I'll check into the W/C possibility. I just have one other question about malpractice. I saw another neurologist (surgeon's partner) for a couple of my post-op appointments because the surgeon couldn't "fit me in." These appointments occurred several weeks after the fusion and just after the divorce trial. During these visits, #2 doctor told me (and wrote in his notes) that I would always have some restriction of activities to avoid further damage. Since the trial was over, I could not use this information to dispute #1 doctor's testimony.
And since I was not granted enough alimony NOT to work, I found employment in the field I was trained for...employment that paid well enough to make ends meet. Yes, it is a physically challenging job but I couldn't "afford" a minimum wage job nor pay for the education to be retrained for a less "back-breaking" occupation. At that point, I really didn't have many options and since it seemed like I had a split decision concerning my restrictions, I did what I had to do to survive. Now, I"m faced with the possibility of losing several of my children for awhile because I can't afford them during my unemployment. I still think that #1 doctor should never have said that I'm perfectly fine and can do anything I want without worry of reinjury.

 

[rmet4nzkx]

Worker's comp and or disability should provide income.
SInce there was a short period between the surgery and the trial, it was impossible to to tell more then, but, it is possible to petition to modify and you may have to go for the max even if he has cut back in his practice. But apply for disability & W/C anyway it may give you what you need if all the other opinions are different especially if there is an IME. Just don't expect to be able to live at the level you were accustomed to or that being disabled or restricted will level the playing field, often the oppisite.

 

[marcze@adelphia]

We live, by NO means, as we had before. That's not what this is all about. And I resent anyone implying that I'd rather be disabled "just to level the playing field,"
than be a whole, healthy mother that is able to attend 100% to her children... play with them, be able to sit through their concerts or do anything without pain. When I discussed malpractice, did I once inquire about how much money I might sue for? NO!! What I want is, for the doctor who insisted I'd "be just fine"
performing the duties of my chosen occupation, to know that, because of what he said in court, I have reinjured my back...not because I chose a phsically demanding job...not because the school made me do something I shouldn't have, but because HE told me (and everyone in the courtroom) I could! It was because HE said that I was perfectly OK to do anything that I HAD to do something...work, and this is the result. Yes, the injury happen on the job but if I didn't HAVE TO HAVE this job (as a result of his testimony) I could have avoided it all together.

 

[rnkellylynn6]

Oh, brother... If you have had 3 back surgeries, including a fusion, then you certainly know better than to choose employment that includes lugging around 113 pounds. It is extremely likely that your discharge instructions included something similar to "no twisting, bending, or heavy lifting". I'll bet it didn't say you can't ever work a zillion other better choices for a job. You kinda sound spoiled and lazy...wanting to spend the rest of your life sitting on your butt on someone elses dime. You haven't yet taken responsibility for yourself or your own life. YOU made the bad choice...not ex's doctor.

 

[panzertanker]

their own care!!! their own care!!!

We live, by NO means, as we had before. That's not what this is all about. And I resent anyone implying that I'd rather be disabled "just to level the playing field,"
than be a whole, healthy mother that is able to attend 100% to her children... play with them, be able to sit through their concerts or do anything without pain. When I discussed malpractice, did I once inquire about how much money I might sue for? NO!! What I want is, for the doctor who insisted I'd "be just fine"
performing the duties of my chosen occupation, to know that, because of what he said in court, I have reinjured my back...not because I chose a phsically demanding job...not because the school made me do something I shouldn't have, but because HE told me (and everyone in the courtroom) I could! It was because HE said that I was perfectly OK to do anything that I HAD to do something...work, and this is the result. Yes, the injury happen on the job but if I didn't HAVE TO HAVE this job (as a result of his testimony) I could have avoided it all together.

As in all discharge instructions given, and by the way I choose to practice as a Nurse Practitioner, YOU should have made the choice to NOT do a job you did not feel able to do...

The patient holds some accountability in their own care!!!

I do not state that what your version of events shows as being wrong; rather, I state you did not feel up to the job, so why do it? Just to show them you were right?
Now you cannot work and feed your own children, but somehow you think that means you get the last laugh???

You need a healthy dose of introspection....

 

[marcze@adelphia]

Excuse me, who said that I didn't feel up to the job? Who said that I chose or even knew about the child I would be working with when I took the job? Who said that I want to sit on my butt, living off of someone else's dime for the rest off my life? I wish you people would stick to the facts instead of casting your half-informed opinions around. My goal in all this is to go back to school and get a 3rd Bachelor's degree in a field that doesn't require a lot of standing or lifting.
Does that sound spoiled and lazy? If it does, then you must have a really warped sense of perspective.
This is the last message I'll be posting. Before I go, I would like to re-emphasize that it would be best for all involved if the "know-it-alls" would concentrate on the facts given and refrain from passing judgement on those you know nothing about.

 

[marcze@adelphia]

I just reread the last 2 messages just to see if I had interpretted them correctly.
Panzertanker has no idea what she/he is talking about. Did you not read my explanation as to why I might try to sue this doctor? Oh, yeah, that's right, I want to have the last laugh!

 

[rmet4nzkx]

Even if you did have grounds for a malpractice lawsuit, you still have to mitigate the damages, which you have not done.
I have given you your options several times.
Go consult with a medmal attorney, maybe you will listen to them.

 

[panzertanker]

Panzertanker has no idea what she/he is talking about.

Two states and a National Certifying Body disagree with you....

Did you not read my explanation as to why I might try to sue this doctor?

Yes, and my question still stands:
Why did you go do the job that YOU did not feel you could?
If I tell a patient that they are cleared for work, and they disagree, then they either go get a second opinion, or fight the return to work.

Oh, yeah, that's right, I want to have the last laugh!

Well, here are your own words:

Since there were no jobs for me in my field (ECE-institutional care of children) in our hometown in Iowa, we decided to move to a place where I could get employment...Colorado. I have been an
EA-one on one aide for a 115 lb. autistic boy for over a year now. Because of his severe behavioral problems, I am constantly pushing, pulling, lifting and hauling him around. (Since the last opinion of my doctors was that "she can do anything," I did everything.) Now I am experiencing excrutiating pain in my hip and leg (as I had before surgery) and have even lost the feeling in the outside of my right foot. In the last several days, I have even experienced "foot drop." I'm afraid that I'm in for another operation (although I can't even afford a doctor's appointment at the moment.) What can I do? I believe that the doctor who told the court that I had no limitations (only for the sake of financially helping his fellow doc & friend) should be held responsible, especially since, in his post-op notes, he states that I should limit my activities.

YOU chose the job working with a 115# autistic child, YOU. The doctor cannot be held liable for YOUR choice.
As you said "since he said I could do anything, I did everything".
That lays the mitigation at your feet, literally.

 

[marcze@adelphia]

I'm sorry. I said that I would not post another message but since panzertanker still doesn't understand, I'll try, in simpler terms, to explain. I DID NOT choose to work with a 115 pound child!!! I chose to be a one-on-one aid in a school district of more than 6000 elementary children. After I was hired, I was assigned to this child. This child was new to the district and no one knew what to expect from him. What would you suggest I should have done...refuse my assignment?
On what grounds? I was cleared for that kind of work and at the time I felt fine.
You're trying to make it sound like I took this job just so I COULD get hurt. You make it sound like I knew that this reinjury WOULD occurr. Give me a break! I did what I had to do on the "professional" opinion of my doctor...hoping he was right, not to prove him wrong. Geez, you people have one track minds. You think that everyone who questions a doctor is just out to get a free ride. Once again, I emphasize, all I want is for this doctor to realize that he, most likely, made a mistake in saying that I could take on any kind of employment without a fear of reinjury. Is that too much to ask?

 

[marcze@adelphia]

Oh, by the way, if you missed it, I DID get a second opinion...just too late to do anything about it financially. Sure, I could have refused to work...and lose my kids, my house and my car, everything. How stupid of me, that should have been my first plan of action!