Hi,
I have been looking for an attorney to respresent me to suit kaiser but with no luck so far although i truely believe my rsd was caused by the IV trauma due the hospital staff's neligience. On the day of the incident, the IV was unusually painful and i repeatedly informed different nurses and doctors about it. They just ignored me. When the anetheologist infused the numbing medication to put me to sleep prior to the procedure, i felt the sharp pain passing through the IV site. I screamed and i shortely thereafter fell alseep. I think that's was when most of the demages were occurred. I felt that if the hospital staff intervened promptly. I would not be suffer RSD.
Has anyone on this board able to find an attorney to fight for them and win against a malpractice case? I would appreciate if you can respond to this post. I would also like to hear from someone who had lost as well. I am getting very desperated due to the statue of limitation. I am running out of time.
Any feedback and advices are greatly appreciated!
Numb

hi numb,
Do you have all the details written down and is there any notes from the drs or staff or witnesses at the time?

From watching lots of the TV court shows -I'm just thinking that there would need to be some sort of evidence & paper trail??
Something documented by another dr? That you were OK until right after this procedure.
Have you consulted with some attys to get their take on it?

You can also check your state website - medical board section and see if any of the drs have had any problems or disciplinary actions.

When I went to an OD in 98 she popped all of my bones and really did a job on me. I believe she is the reason I have RSD and have had to have 5 surgeries on my right arm and hand and still need more.

I called a lot of lawyers and they told me that it has gotten so hard to sue Drs. and hospitals that they won't even take cases like mine. They also said it was too complicated due to the RSD.

This Dr. was ran out of town not long after this happened to me. I don't know what she did to get ran out. The last I heard she was working in the prison system. She needed to be in in there.

I do hope you do find a Dr. that will do it for you. All you can do is keep calling and asking.

Ada

Hi numb,
I'm very sorry you have RSD thru circumstances of medical neglect or not being diagnosed soon afterward and getting treatment quickly. I do have a successful malpractice suit against a Dr. that was responsible for my mothers death at 46 yrs. old due to misdiagnosis.She died in less than a year after changing Drs. and getting a correct diagnosis.(too late) As you realize, Drs. stick together as well as lawyers. In my opinion, it's important to get an attorney that specializes in medical malpractice. They are the ones that have the ($) to go up against wealthy insurance companies and hospitals. We went out of town 100 miles to a larger city and got an attorney. He represented us on a percentage basis. We had a video deposition of my mother done, as we knew she wouldn't be alive for the trial 'by judge'. He awarded us what would be equivalent to $3 million plus medical expenses.
Sometimes you can get a referrel of a good medical malpractice attorney from
your own attorney, your support group may know of one. Make sure there is no conflict of interest where they would have to refuse. My daughter is a court reporter -she has done rsd depositions before. Believe me, the insurance attorneys have deep pockets ($$$$$$) and very experienced. I would certainly ask any attorney I interview, if they have experience with RSD, or even know what it is. You might call the group leader in your larger cities for reference. Usually it's two years from when you are diagnosed, not from the injury.
On the other had, we have also been on the unhappy side of a lawsuit.
We sued a professional on huge loss due to the professionals neglegence and therefore costing us several million in damages. This was not a medical suit.,
but a business one. After a week in trial, the judge ruled there was a law in the state forbidding third party lawsuits. We took it to the State Court, who choose to not hear the case, due to setting precedents for man you other similar lawsuits. We choose not to go to the Supreme Court. Usually you can get a short visit at no cost for a trial attorney.On a percentage basis, with them paying the bills, they wouldn't take it unless they think they can win.
You may search around on the web to see who you might interview. I really
think, personally, better to get attorney out of town. I'd find out when your stature of limitations is out. Remember not from they injury, but discovery of the injury.It's worth getting an attorney on contingency % and large city. Where do you live?

Well wishes and soft hugs and sunny days to all,

Loretta

Hi Numb

I did sue for my medical negligence, as you know mine started from a blood test where the needle went into the median nerve.

It went on for two years and we ended up settling for a fairly small amount (compared to what we were told we'd get if we won in court), with the lawyers taking 75% of the money.

The problems we ran into:

- it was my word against the nurses' word.
She didn't document that I had intense pain with the blood test, that I yelled out and was in agony. (Very similar to your story) She told me at the time to get over it but of course on paper says she never even said that, that it was just routine
- the pathology clinic we were suing was owned by a huge global company and we just didn't stand a hope in hell going against such a big company with their hugely expensive lawyers
- no doctors wanted to say on paper what they'd say on the phone- that the nurse was negligent and it shouldn't have happened. They all worked in conjunction with this pathology company so if they went against them they'd bring dramas on themselves. the whole medical world is too tight with each other
- they reckoned it was just "one of those things" that happens randomly but isn't necessarily anyone's fault. just one of those 1% risks that you agree to when you let them put the needle in (although I never signed anything before the blood test and there was no info about risks on the blood collection form)

We just couldn't prove that it was her fault, that something went wrong, instead of just a rare thing that happens for no reason. Doctors and professionals would agree on the phone or in person and say that she had the needle in the wrong place etc, but wouldn't stand up in court for us. After two years of this we were just exhausted and wanted to focus on getting me better, rather than proving fault or placing blame, so we settled out of court.

There is info on the net about successful med neg claims in regards to ivs/blood tests, one person even got about 4 million- lucky bugger! Just do a lot of research first on both lawyers and the situation.

x Kate

Oh, and I should add that even when we put the whole "inserted it incorrectly causing damage" argument to one side and looked at the fact that she should have followed the duty of care guidelines after it happened as I was in so much pain and telling her to take it out straight away, and that had she followed the duty of care guidelines this most likely wouldn't have developed into rsd, we still couldn't get anywhere as she kept saying that nothing happened that day and i didn't complain.

very frustrating!

Hi numb,

Just a little feedback that may make a lawsuit a little difficult, however I do wish you very well.
Diprivin/Propofol which is the anaesthetic agent used to put you off to sleep almost always causes extreme pain when going the vein. It is unfortunately listed as a side effect and most decent anaesthetists will warn you before they inject it. Some anaesthetists add some local into the Diprivin to make it less painful.
Every time I have it I feel as though I am being burnt by the substance but it actually causes no harm at all to the vein.
Whether you could contend that you were not forewarned about the pain and attempts were not made to ease the pain I am not sure but I am not sure they will agree that your RSD started with this injection as severe pain it is part and parcel of the drug.

Having said that I do wish you every luck in the world but I do know, as cake says, they are very, very hard to sue and sometimes the cost to you in terms of health and stress may not make the payout (if one is allocated) worth the effort.

cheers and luck
Tayla

hi,
I thank you all for replying my post. You folks touched all the good points as to why it is so difficult to hire an attorney. One lawyer told me medical malpractice lawsuits are not profitable and thus many lawyers are not doing them any more in the state of Ca. Tje maximum demage for pain and suffering is $250,000. in Ca. I live in the big city. Even then i had difficulty in obtaining one. I recently ordered my medical report. I look through the hospital note. Nothing from the nurse, staff or doctor mentioned that i was in distress and complainning about the painful IV. No mentioin of any sort of discomfort or compliant. It is my words against their words. I am not sure what was the numbing agent that they use. I have to check. A couple of attorneys said if i can locate a doc who is willing to testify that it is the hospital's fault causing my RSD then they are willing to take my case. How can i probably find that doctor who was not there at the time of the incident to say it is their fault. Finding a doc who can dx RSD is already hard enough. Anyway, i will just contine to look until the deadline. However, i should be prepare it is not the end of the world if i can't find one. It just make me very mad and upset and depressed. Where is the justice.
Take care every one!
Numb

Dear Numb,

I can tell you from experience that it is a very long hard road to sue anyone these days forget a malpatrice lawsuit. I did sue the facility that I fell in that caused my nightmare and did win, thank god, if not I would of had to sell my house use all my savings etc.

My point is, and I learned this from going through it, first you must prove neglect and be able to show it. Also, you need the best of the best attorney I fired my first one because he was not really doing anything to proceed. When I got my second attorney and believe me he hesitated for a month before he said he would take my case. Luckily for me he was incrediable and I did go to a full jury trial which took 3 years to get to that point and then settled on the fourth day. It was almost worse than going through this RSD nightmare. Also you need a lawyer with deep pockets because this could be considered malpractice or personnal inquriy which ever the attorney picks up the tab for everything until you settle. The secret is, is that they will not take a case unless they are sure they are going to win.


I hope this helps...

Ann

Ann,
Thanks for your reply! I have only about a more month to locate an attorney before the deadline. I was interviewed by an attorney a couple of weeks ago. She had experienced with RSD veinpuncture case. She spent more than an hour reviewing some of my medical records. In the end, she needed to decline my case. I asked her did she win the veinpuncture RSD case. She said she lost. This may be part of the reason why she rejected my case. When i walked out of her office, my emotion was so mixed ranging from anger, frustration to depression. Too bad, no punch bag around.
Take care everyone!
Numb