Hello everyone, just found you by accident as I was searching for imfomation related to sciatic nerve damage from 5 vertabres fussions. I'm 70 yrs. old, was very active, but had back problem, Surgery a year and half ago. Since then life has been unbearable until 2 months ago. Tried shots, pain killers etc. Finally my pain managment Dr. sent me to another surgen who recomended a spinal implant, desperate for relief I did a trial, I am blessed, a good 85% of my pain is controlled, I have a permanent implant with a charger and remote control. If anyone would like to get info. email me and I will call you.
Now what I would like to know is, would I have a case against my orginal surgen He never told me about the nerve damage, which I think he knew , because I had a mri two days after surgery, they found a blood clot inside my spinal collmum ( I can't spell worth a d..) had to have another surgery to remove it. I had to insist there was somthing wrong. spent 3 weeks in the hospital instead of the two days required, then 3 wks. in a nursing home. It was six months before I had another mri and the nerve damage was at L5.

Hello, just wanted to welcome you to the community. I'm sure someone will be along who has had similar experiences to share with you.

Here is one forum that might interest you: http://neurotalk.psychcentral.com/forum10.html

We don't have a revenge forum but you'll no doubt find some folks who sympathize and might have some suggestions!

Hello and welcome to NT!

I am so sorry for your pain.

As Blessings said, you're not alone in hating doctors. The only way you'll know if you have a case against your particular "healer" is to visit a really good lawyer.

Before doing that, you might want to search online to see if there have been other complaints against your surgeon. "Rate your MD" is a staring point for antidotal accounts, but some jurisdictions publish a lot of information on malpractice suits, disciplinary actions, etc...

Speaking of jurisdiction, where you live will be a big factor in your chances for a successful legal action. You're best off in the States. If you're Canadian on the other hand...

I would always suggest that people weigh seriously their chance of sucess before litigating. This is the law: just because your 100% right doesn't mean you'll win. While I understand (believe me!) your anger, litigating can be a protracted and grueling ordeal. (If you think doctors are bad, wait until you spend time with insurance company lawyers.) Even if a contingency case doesn't cost you money, I still think you want to have a reasonable chance of winning before you expend your precious time and energy on such an emotionally taxing undertaking. However, if a lawyer assures you that you can nail this idiot's butt to the wall, I'd be happy to lend you a hammer.

Anyway, welcome again to NT. Spinal implants are a frequent topic here and I thank you in advance for your willingness to share your experience to help others.

Cheers

Hi Milpen and welcome. Here is another forum that will be of interest to you..http://neurotalk.psychcentral.com/forum22.html

And I get the feeling that a Revenge forum might be very active...

Most states in the US have laws about timing a medical liability law suit. It tends to be 2 yrs. If you pass that time period you are sunk (it is called statute of limitations). You'd have to check with your own state's laws. Many liability attorneys give you a free first visit to evaluate you.

However, egregious negligence can always be reported to your State's medical licensing board. Doctors who do not conform to "standard of care" may be disciplined that way. There is no time limit for this procedure that I am aware of. Don't bother with the AMA...it does nothing about things like this.

In the past I did consider legal action but as things became clear as to why I had been injured by incompetent doctors. I now feel that I would gain nothing. The trauma of going through the legal minefield and the insults that would be made in court would be as painful as the original injuries

In Kentucky, the statue of limitations is 1 year to file. Attorneys have to have time to prepare for a med malpractice. They have to get a doctor in a like field of practice, to assert there was some kind of medical negligence before they can even file. Sometimes hard to get that.

An exception would be "new" discovered info that would not have been known to you before, then the 1 year starts over. Good luck. It seems you need more luck that evidence to win a medmal. It can be a statement to send to the medical providers rather than compensation.

and yes, it is a tough thing to go through, for both sides!!!!

Milpen,

Although I can understand how you feel it can be very difficult to prove a doctor has done anything wrong.

As MrsD pointed out, you can file a formal complaint with your States Medical Licensing Board but unless you or the medical board can prove your doctor broke any of the "rules and regulations" nothing will be done. If you read the state medical board website you will see what falls under Disiplinary Actions, code of conduct, ect. You will also be able to find "how to file a formal complaint."

I am so sorry that you were in so much pain for so long, and I understand your anger. All surgeries have risks, especially when you are dealing with the spine. Physicians are not GOD, and cannot guarantee perfect outcomes with every surgery; however incompetent doctors usually have numerous complaints and/or lawsuits made against them. I would suggest that you check with the agency in your State that handles physician licensing and complaints to see if this particular doctor has had any malpractic complaints against him...and then make your decision.

Meanwhile, concentrate on your current blessing of pain relief. Sister Girl, we are not getting any younger! I have found in my many years, that I am the one who suffers when I allow angry feelings to take up valuable time could have been spent enjoying my family and my life. I will remember you in my prayers.