Should I sue for malpractice?

[tomruns12]

What is the name of your state? California

I recently had an Arthrogram done on my hip to try and find out the cause of my pain which has been going on for almost 8 months. An Arthrogram involves using a long needle to inject a die into the joint and taking an mri. I also had a cortisone injection for some long term pain relief during the procedure. After the procedure I was stiff in the joint and a little sore for the rest of the day but by morning I was mostly pain free. There was still some discomfort when sitting for long periods of time but it was tolerable. Unfortunately the MRI technician scanned the wrong hip. 11 days after the initial appointment I went in for a second arthrogram. Only this time I did not bounce back from the procedure. The day of the procedure I could barely walk. The following day "yesterday" I attempted to make my 30 mile commute to work but 5 miles into the drive I was in so much pain that I decided to turn around. I spent most of that day lying on the couch on my side with a pillow between my legs. I went to urgent care and they gave me some norco to lessen the pain. I did make it in to work today but by the time I got to the office I was already in intense pain. I work 10 hour days and I know I am not going to make it through the entire day. I would have stayed home but I only have 3 days of vacation time left and there is a real possibility I will be having surgery on my hip if the scans confirms my Dr's suspicion. Luckily I have a standing desk but even standing isnt pain free.

 

[Zigner]

I'm sorry, but what do you believe was done wrong? The symptoms you describe are known side-effects of the procedure and generally subside within a few days after the procedure. If they don't, then speak to your doctor.

 

[tomruns12]

I'm sorry, but what do you believe was done wrong? The symptoms you describe are known side-effects of the procedure and generally subside within a few days after the procedure. If they don't, then speak to your doctor.

The first thing that was done wrong is they scanned the wrong hip in the first procedure. If they had scanned the correct hip there would have been no need for the second procedure and I would not be in the pain im in now. As for the known side effects every reference I've seen refers to a mild to moderate soreness around the joint.This is a very intense burning pain which radiates down towards my knee and into my back. Even the release documents I received said if I experience severe joint pain after the procedure to seek medical attention.

 

[Zigner]

The first thing that was done wrong is they scanned the wrong hip in the first procedure. If they had scanned the correct hip there would have been no need for the second procedure and I would not be in the pain im in now.

What makes you believe that the pain would be any different? Did they do something wrong during the procedure to cause the pain, or is it simply one of the known side effects?

As for the known side effects every reference I've seen refers to a mild to moderate soreness around the joint.This is a very intense burning pain which radiates down towards my knee and into my back. Even the release documents I received said if I experience severe joint pain after the procedure to seek medical attention.

Then seek medical attention.

 

[quincy]

The first thing that was done wrong is they scanned the wrong hip in the first procedure. If they had scanned the correct hip there would have been no need for the second procedure and I would not be in the pain im in now. As for the known side effects every reference I've seen refers to a mild to moderate soreness around the joint.This is a very intense burning pain which radiates down towards my knee and into my back. Even the release documents I received said if I experience severe joint pain after the procedure to seek medical attention.

You can consult with an attorney in your area but it sounds as if the source of your hip pain was unknown at the time of the first tests.

Why did you wait 8 months to seek medical attention?

 

[Zigner]

The way I see it is that the procedure was done on the wrong side, but you suffered no ill effects from it, aside from some transitory pain and the inconvenience involved. When the procedure was done on the correct side, you suffered severe pain. You can't show that you wouldn't have suffered the pain 11 days earlier had the procedure been done on the correct side. While it could be argued that the error in the first procedure amounted to malpractice, the fact is that you have no damages from the first procedure.

 

[tomruns12]

You can consult with an attorney in your area but it sounds as if the source of your hip pain was unknown at the time of the first tests.

Why did you wait 8 months to seek medical attention?

I didn't wait 8 months to seek medical attention. It took 8 months to get my insurance to approve the arthrogram.

 

[tomruns12]

The way I see it is that the procedure was done on the wrong side, but you suffered no ill effects from it, aside from some transitory pain and the inconvenience involved. When the procedure was done on the correct side, you suffered severe pain. You can't show that you wouldn't have suffered the pain 11 days earlier had the procedure been done on the correct side. While it could be argued that the error in the first procedure amounted to malpractice, the fact is that you have no damages from the first procedure.

How could an MRI cause the pain im experiencing? It's the second injection that caused the pain.

 

[quincy]

Thank you for the additional information.

I am not sure I see an error that supports malpractice. Your hip was scanned, there was a cortisone injection and there was no hip pain or the pain was "tolerable" for 11 days before your follow-up visit, this after 8 months of pain prior to the first MRI and injection.

If surgery is now necessary, it more than likely would have been necessary regardless.

That said, you can seek answers to questions on the scans from your doctor, first, and get an opinion from a med-mal attorney, second, if the meeting with your doctor is unsatisfactory.

Initial consultations with med-mal attorneys are generally free - but I do not see a legal action worth the costs of pursuing.

I hope that eventually you can get permanent relief from your pain. Good luck.

 

[Zigner]

How could an MRI cause the pain im experiencing? It's the second injection that caused the pain.

Pain is a known side-effect of the procedure and doesn't necessarily mean they did anything wrong. Wait a few days and see if it subsides. If it doesn't, talk to the doctor.

 

[not2cleverRed]

How could an MRI cause the pain im experiencing? It's the second injection that caused the pain.

Zig said "procedure", not MRI. "Procedure" includes the who process.

The second injection is causing pain - go get medical attention. It would have caused pain had you gotten it 11 days earlier. This is not malpractice.

11 days, give or take, after waiting 8 months for insurance approval is nothing.

P.S. Did you not say anything to the technician(s) before the test? A little small talk about why you were there could have forestalled such a problem.

 

[tomruns12]

I can see this forum is pointless. just a bunch of people who know nothing about medicine or malpractice law trying to make themselves feel smart.

 

[quincy]

I can see this forum is pointless. just a bunch of people who know nothing about medicine or malpractice law trying to make themselves feel smart.

No one on this forum is (to my knowledge) a doctor. It requires a personal review of your medical records by a doctor to determine if there is a legal action worth pursuing.

A med-mal attorney will check the facts of your complaint first to see if there is reason to have a doctor review your medical records and offer an opinion.

Medical malpractice claims are extremely expensive claims to pursue. Unless there is significant injury involved, it generally will not be worth an attorney's time or expense to take a case.

But, again, initial consultations are generally free. There is no harm in calling attorneys in your area to see what they think.

Good luck.

 

[Zigner]

I can see this forum is pointless. just a bunch of people who know nothing about medicine or malpractice law trying to make themselves feel smart.

I'm sorry that you didn't get the answers you wanted to hear and, instead, received well thought out and intelligent replies. As indicated by quincy, seek the assistance of an attorney if you wish to further evaluate your legal options, and seek the assistance of your doctor for your medical issues. I wish you the best of luck and I hope that your pain is relieved in quick order.

 

[not2cleverRed]

I can see this forum is pointless. just a bunch of people who know nothing about medicine or malpractice law trying to make themselves feel smart.

Getting answers that you do not like does not mean that we "know nothing" on the subject.

Are you upset about the extra time (11 days)? Do you think you future surgery would have a better outcome if you were tested 11 days earlier? And how are you going to prove that?

Are you upset about the known negative side effects? You were informed that it's a possible side effect, signed papers acknowledging that you were aware of the possible side effects, and would hold them blameless should you have one of those side effects, and you still have not sought the medical attention recommended for those with your side effects.

Were you inconvenienced by having to go in twice? Sure. Was there physical damage to your body as a result of testing the wrong side? No. It's not like you went in for an amputation and they cut off the wrong leg.