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Pain management left me unable to walk

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Onceagain33

Active Member
NM

i have not yet decided if I will take further action, what that would be….or if I even could.

I have been getting injections into my knee of hydraulic acid for about 10 years. Every 2 years or so. It’s sort of like a slow leak flat tire…from time to time the joint needs to be pumped back up, When the bone on bone gets too bad…it is time to pump it up again. I know this is not a fix..…but, it is working for me…so surgery is not going to happen as long as this works, I said all that so you can understand I am no stranger to this procedure.

so…my usual Ortho is in Colorado…but I am not there, but in NM. I went to a local orthopedic to get this injection (not my usual up in Colorado). He told me that he wasn’t authorized to handle this admixture. I would have to get a prescription filled at the pharmacy. This would have cost me $2400 out of pocket….medicare will not cover it if it was not in the drug plan…which it is not. So, after discussing this..he told me that if I had this done by the pain management clinic at the hospital it would then be done by them and completely covered. He wrote a referral. So..I went there.

the shot was not properly done…he tried to get into the joint by going upward under the knee cap. Hands down the most painful thing I have ever endured. The pain did not subside. I could not put any weight on that leg. I remained talking with this doctor for ~ 45 minutes more. I was unable to walk, and in a great deal of pain. He ordered a wheel chair for me to depart. I called a friend to come get me as I could not drive.

the next day I was a total basket case…no sleep because of the pain…still unable to walk. I got a call from this doctor who told me he never saw this reaction before. I told him that my leg was swollen from the knee down to the ankle and I couldn’t walk. He then asked me if that meant I wanted to put off the second shot, What??? What second shot? This is not anything like I am used to. I called the orthopedic (the guy that wrote the referral) and told him I believe the doc at the pain management clinic did not give me the injection that was ordered. (the injection is not 2 shots involved) and anyway he missed the joint, Soonest appointment I could get was 6 weeks!

for the next 2 weeks I could not drive myself, and I couldn’t walk without the use of a rolling walker. I was more than a week before I could to sleep through an entire night. I returned to this pain management doctor for a follow up. I had to use a walker in and out of his office in the hospital. He pretty much just blew me off.

I called medicare and asked them to open an investigation into this doctor. They referred me to the company that does the medical review for Medicare. I filed a formal complaint.

well…they got the medical record. The doc didn’t put anything about the pain I was in while still in his office. Not a single mention of the condition I was in. Not a single mention of the lengthy phone call the next day. Not a single mention of the follow up appointment. I wonder if he cleanup the records after he was notified by Medicare or if he sort of thought I was going to sue and just left all that information out.

After about a month I was able walk again but then I could tell that I still needed this injection. I made an appointment with an orthopedics in a difference city 80 miles away (not going back to the Ortho here, and no other choices locally). The injection was done exactly like it is usually..and I walked out of that appointment pain free.

so…he we come to the crux of the matter. Medicare paid the pain doc. But…I just learned that Medicare will only pay for this injection once in any 6 month period. So..they will deny the claim from the doc who did the right job.

I get that the Ortho that did the correct job is owed payment. I’ll make some sort of deal to pay it off. Hopefully we can agree on some budget plan. But…I want that money back from the pain management doc …. He shouldn’t have been paid in my opinion, and besides that I had to get the injection a second time because he messed it up.

i can prove the phone calls with the pain management doc. Also, because this was a hospital during Covid …. Everyone had to enter and sign in at ER entrance only (other doors were locked). So..my entry is in the hospital logs….and I am sure they have security video that will prove the condition I was in entering and exiting….but, hospital will not allow me access to that to prove this. I also have that friend who was driving me around as a witness

the total bill is for $4658.

not sure what I can or should do.
 
Last edited:


quincy

Senior Member
NM

i have not yet decided if I will take further action, what that would be….or if I even could.

I have been getting injections into me knee of hydraulic acid for about 10 years. Every 2 years or so. It’s sort of like a slow leak flat tire…from time to time the joint needs to be pumped back up, When the bone on bone gets too bad…it is time to pump it up again. I know this is not a fix..…but, it is working for me…so surgery is not going to happen as long as this works, I said all that so you can understand I am no stranger to this procedure.

so…my usual Ortho is in Colorado…but I am not there, but in NM. I went to a local orthopedic to get this injection (not my usual up in Colorado). He told me that he wasn’t authorized to handle this admixture. I would have to get a prescription filled at the pharmacy. This would have cost me $2400 out of pocket….medicare will not cover it if it was not in the drug plan…which it is not. So, after discussing this..he told me that if I had this done by the pain management clinic at the hospital it would then be done by them and completely covered. He wrote a referral. So..I went there.

the shot was not properly done…he tried to get into the joint by going upward under the knee cap. Hands down the most painful thing I have ever endured. The pain did not subside. I could not put any weight on that leg. I remained talking with this doctor for ~ 45 minutes more. I was unable to walk, and in a great deal of pain. He ordered a wheel chair for me to depart. I called a friend to come get me as I could not drive.

the next day I was a total basket case…no sleep because of the pain…still unable to walk. I got a call from this doctor who told me he never saw this reaction before. I told him that my leg was swollen from the knee down to the ankle and I couldn’t walk. He then asked me if that meant I wanted to put off the second shot, What??? What second shot? This is not anything like I am used to. I called the orthopedic (the guy that wrote the referral) and told him I believe the doc at the pain management clinic did not give me the injection that was ordered. (the injection is not 2 shots involved) and anyway he missed the joint, Soonest appointment I could get was 6 weeks!

for the next 2 weeks I could not drive myself, and I couldn’t walk without the use of a rolling walker. I was more than a week before I could to sleep through and entire night. I returned to this pain management doctor for a follow up. I had to use a walker in and out of his office in the hospital. He pretty much just blew me off.

I called medicare and asked them to open an investigation into this doctor. They referred me to the company that does the medical review for Medicare. I filed a formal complaint.

well…they got the medical record. The doc didn’t put anything about the pain I was in while still in his office. Not a single mention of the condition I was in. Not a single mention of the lengthy phone call the next day. Not a single mention of the follow up appointment. I wonder if he cleanup the records after he was notified by Medicare or if he sort of thought I was going to sue and just left all that information out.

After about a month I was able walk again but then I could tell that I still needed this injection. I made an appointment with an orthopedics in a difference city 80 miles away (not going back to the Ortho here, and no other choices locally). The injection was done exactly like it is usually..and I walked out of that appointment pain free.

so…he we come to the crux of the matter. Medicare paid the pain doc. But…I just learned that Medicare will only pay for this injection once in any 6 month period. So..they will deny the claim from the doc who did the right job.

I get that the Ortho that did the correct job is owed payment. I’ll make some sort of deal to pay it off. Hopefully we can agree on some budget plan. But…I want that money back from the pain management doc …. He shouldn’t have been paid in my opinion.

i can prove the phone calls with the pain management doc. Also, because this was a hospital during Covid …. Everyone had to enter and sign in at ER entrance only (other doors were locked). So..my entry is in the hospital logs….and I am sure they have security video that will prove the condition I was in entering and exiting….but, hospital will not allow me access to that to prove this. I also have that friend who was driving me around as a witness

the total bill is for $4658.

not sure what I can or should do.
You are looking to recover all costs involved with your first (botched) injection so you can cover the costs of your second injection?

I am not sure you can show damages enough to interest a med-mal attorney but initial consultations with attorneys should be free. I suggest you get copies of your medical records and make appointments with a couple of attorneys in your area to better determine if there is any legal action worth pursuing.

The statute of limitations (the time within which you must file an action) for medical malpractice claims in New Mexico is 3 years.
 

Onceagain33

Active Member
Welll…that is an interesting thing. The cost of the first botched injection was paid by Medicare. Can I make any claim on that? Basically, I would like the pain management doctor to pay the Ortho bill. That doesn’t sound right to me. I guess it would be for me to sue the pain management doc for my out of pocket payment to the Ortho. But, that might be a real uphill slog since the hospital will not give me access to the proof of my condition coming and going. I have the medical record…and it is sanitized…just like Medicare said….no record of any follow up of any sort. Not a mention of the condition was in after the injection.
 

quincy

Senior Member
Welll…that is an interesting thing. The cost of the first botched injection was paid by Medicare. Can I make any claim on that? Basically, I would like the pain management doctor to pay the Ortho bill. That doesn’t sound right to me. I guess it would be for me to sue the pain management doc for my out of pocket payment to the Ortho. But, that might be a real uphill slog since the hospital will not give me access to the proof of my condition coming and going. I have the medical record…and it is sanitized…just like Medicare said….no record of any follow up of any sort. Not a mention of the condition was in after the injection.
I think you will find that any legal action you consider will be an “uphill slog,” especially if (as you say) your medical record was “sanitized.”

The best I can suggest is that you review the facts and your medical history with a med-mal attorney in your area to see if it will be worthwhile to sue the pain management clinic.
 

quincy

Senior Member
There doesn't seem to be such a thing. Do you mean maybe, "Hyaluronic acid"?
There is such a thing as hydraulic fluid ... but the injections Onceagain33 is obviously speaking of would be hyaluronic acid, a treatment for osteoarthritis. If the clinic injected hydraulic fluids into the knee joint, that would definitely be malpractice. ;)

https://www.arthritis-health.com/treatment/injections/hyaluronic-acid-injections-knee-osteoarthritis

It could be important to note that the number of injections needed depends on the brand used. More than one injection is needed with some brands of hyaluronic acid.
 
Last edited:

Onceagain33

Active Member
Quincy… I brought with me the medical record from Colorado….so the first Ortho knew the exact admixture. Whatever that pain management doc did..it wasn’t what was supposed to be ordered. The second Ortho did follow the admixture used by the Ortho in Colorado.

yeah, I think I am going to end up eating this. It is really hard to fight against a sanitized record, especially with the hospital denying access to the other records that would prove I am the one telling the truth of it.

so..lesson learned. Verify verify. Make sure it is going to happen exactly the way I want it.
 

quincy

Senior Member
Quincy… I brought with me the medical record from Colorado….so the first Ortho knew the exact admixture. Whatever that pain management doc did..it wasn’t what was supposed to be ordered. The second Ortho did follow the admixture used by the Ortho in Colorado.

yeah, I think I am going to end up eating this. It is really hard to fight against a sanitized record, especially with the hospital denying access to the other records that would prove I am the one telling the truth of it.

so..lesson learned. Verify verify. Make sure it is going to happen exactly the way I want it.
I think paying the $4658 out-of-pocket, and moving on, could be your best course of action. It could be possible to work out a payment plan with the (good) orthopedic doctor, and it might even be possible to negotiate a reduction in the amount owed. It won’t hurt to ask.

If you do decide to just move on instead of consulting with a med-mal attorney, at least you will be moving on now with a little less painful knee.

Good luck.
 

Onceagain33

Active Member
This is the follow up.

I was informed by Medicare that they found in my favor after having an Ortho review the procedure. But, while I waitEd for this decision (as I was sure it wouldn’t go my way), I talked to an attorney. I hired an attorney. He was able to get the video and check-in logs for the days I was at the hospital. My exit in a wheel chair was on it. My subsequent arrival with wheeled walker was on it. I provided the phone records from my carrier.

well, on Friday I had a meeting. I won…the hospital insurance company just settled. The bill for the second Ortho (the one that did the right job) has been paid, the lawyer has been paid…and they even gave me $5,000. I was completely surprised. All I asked for was to have that second bill covered.

the odd thing (to me) is I was told that they HAD to pay me compensation in order for the agreement to be valid? Hey, you don’t have to twist my arm to get me to take it….but I don’t understand why they just up and paid this. do you figure the lawyer needed a bigger judgement to get his share up? I don’t know what if anything happens to the doc that did it to me. Don’t know if I will ever know. But..it’s over.
 

quincy

Senior Member
This is the follow up.

I was informed by Medicare that they found in my favor after having an Ortho review the procedure. But, while I waitEd for this decision (as I was sure it wouldn’t go my way), I talked to an attorney. I hired an attorney. He was able to get the video and check-in logs for the days I was at the hospital. My exit in a wheel chair was on it. My subsequent arrival with wheeled walker was on it. I provided the phone records from my carrier.

well, on Friday I had a meeting. I won…the hospital insurance company just settled. The bill for the second Ortho (the one that did the right job) has been paid, the lawyer has been paid…and they even gave me $5,000. I was completely surprised. All I asked for was to have that second bill covered.

the odd thing (to me) is I was told that they HAD to pay me compensation in order for the agreement to be valid? Hey, you don’t have to twist my arm to get me to take it….but I don’t understand why they just up and paid this. do you figure the lawyer needed a bigger judgement to get his share up? I don’t know what if anything happens to the doc that did it to me. Don’t know if I will ever know. But..it’s over.
Thank you for the update, Onceagain33.

Sometimes a company will pay to settle because it is cheaper for them to do this than to go to trial. I imagine this is what happened here.

Whatever the case, it sounds like all worked out well for you. Good. :)
 

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