Reflex Sympathetic Dystrophy (RSD and CRPS) Reflex Sympathetic Dystrophy (Complex Regional Pain Syndromes Type I) and Causalgia (Complex Regional Pain Syndromes Type II)(RSD and CRPS)


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Old 05-20-2009, 11:34 AM #1
dmarie dmarie is offline
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Default Someone please give me advice with legal matters.

Hi, I'm new to this site and still learning to navigate things. My search for help brought me to this site. I developed RSD almost 4 years ago from a blood draw in my right arm. I thought I was putting the pieces back together only to have them shattered again. I decided to file a lawsuit when I could no longer work and could barely afford the treatment. Then two weeks ago I found out my attorney has done nothing to find an expert witness, and I'm running out of time (June 16th). Sorry to introduce myself this way, but if anyone can help me, I would be so grateful. I've been lucky enough to find a great team of doctors, it took awhile, but that has helped so much. I have read many stories and I'm grateful to have found a site where I can talk to real people who are going through the same thing I am, it's hard for my friends and family to understand, as you all know. Again if anyone has advice for me, thank you.
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Old 05-20-2009, 12:06 PM #2
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It hard to get legal advice here without knowing all the details, most importantly where you are located. Perhaps there is someone here who is from your area that will have an understanding of the law there.

I am not aware of any successful lawsuits regarding the cause of RSD unless there was outright negligence (still very tough to prove). If your lawyer is not working for you, fire him and get someone who has experience with both litigation & RSD.

I'm sorry I can't be of any more help than that. Good luck with all this.

MsL
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Old 05-20-2009, 12:17 PM #3
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I know of one member that did finally win a case , her TOS and then RSD was caused by a flu or tetanus vaccination. Her case took many Drs , lots of pain and many years to prove and win. I think she did need to go thru a few attys before finding the really good one.
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Old 05-20-2009, 12:25 PM #4
AintSoBad AintSoBad is offline
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Quote:
Originally Posted by dmarie View Post
Hi, I'm new to this site and still learning to navigate things. My search for help brought me to this site. I developed RSD almost 4 years ago from a blood draw in my right arm. I thought I was putting the pieces back together only to have them shattered again. I decided to file a lawsuit when I could no longer work and could barely afford the treatment. Then two weeks ago I found out my attorney has done nothing to find an expert witness, and I'm running out of time (June 16th). Sorry to introduce myself this way, but if anyone can help me, I would be so grateful. I've been lucky enough to find a great team of doctors, it took awhile, but that has helped so much. I have read many stories and I'm grateful to have found a site where I can talk to real people who are going through the same thing I am, it's hard for my friends and family to understand, as you all know. Again if anyone has advice for me, thank you.


It seems to me that you've got to move quickly.
What I mean is, You've got to educate yourself on your next step.
While your current attorney may not be working to your best interests, he is liable so long as he has a contract with you. (Which unfortunately, doesn't mean a lot, because SO MANY attorneys practice without "Legal Malpractice Insurance".

The expert witness, imho, would be your treating doctor, the better s/he is, the better!
A good lawyer would make sure of that.

You need an attorney and doctor, who KNOW RSD!

Why don't you PM Me?

I think I can help you.
Or, at least, I'll try my best.

I've been there.
I know how badly it feels...

Pete
Asb
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Old 05-21-2009, 03:59 AM #5
loretta loretta is offline
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Quote:
Originally Posted by dmarie View Post
Hi, I'm new to this site and still learning to navigate things. My search for help brought me to this site. I developed RSD almost 4 years ago from a blood draw in my right arm. I thought I was putting the pieces back together only to have them shattered again. I decided to file a lawsuit when I could no longer work and could barely afford the treatment. Then two weeks ago I found out my attorney has done nothing to find an expert witness, and I'm running out of time (June 16th). Sorry to introduce myself this way, but if anyone can help me, I would be so grateful. I've been lucky enough to find a great team of doctors, it took awhile, but that has helped so much. I have read many stories and I'm grateful to have found a site where I can talk to real people who are going through the same thing I am, it's hard for my friends and family to understand, as you all know. Again if anyone has advice for me, thank you.
Hi dmarie,

I live in Arizona,Phoenix area. We had the national RSDSA convention here for two days at one of the hospitals. If you live here, I may be able to help-have an immediate family member in the legal field here.. I know that's a wild shot, but don't know where you live. It's possible the founder of RSDSA, is an expert witness. I did meet him and could give you his name and number if you want to pm me. take care, loretta
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Dew58 (05-22-2009)
Old 05-21-2009, 12:28 PM #6
dmarie dmarie is offline
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I live in Washington state. My injury was in 2005, but the lawyer I have filed a one year extention for mediation. So I have until June 16 of this year. I'm so frustrated that this could happen. I was perfectly fine before I had the blood draw and now my life is so hard. When the blood draw was performed, the woman was able to get the first tube of blood, when she inserted the second tube (never removing the needle) she was unable to get the blood to flow. That is when she started 'digging'. She then removed that second tube, inserted a third one and 'dug' a bit more. The blood started filling the tube but not in a steady flow, more like spurts, that is when she flicked the tube, moved it a bit more and the blood started to flow. That tube was filled and then one more. I told her something was wrong, my arm was really hurting, she ignored me. I told her again, my arm hurts really bad, what is wrong? She said I was fine and could go. When I reached down for my purse, I started to yell in pain. My hand was numb and the pain was so intense. She took me to the Dr. and he said I had a hematoma, iced it and sent me home. A couple of days later I was rushed into an ultrasound and from there one test after another. Three months later I was diagnosed with RSD from Dr. Hashmi (yes we traveled to FL for help because no one here knew what was wrong with me). I've since been able to find good doctors here, but I'm no longer able to work and as all of you know, life is hard. I've never expected to win the lottery from filling a lawsuit, I am just so afraid of having my medical bills paid and being able to pay for treatment. It is so fustrating that one minute I'm fine and then I have RSD. I'm sorry to complain, I am very thankful for what I do have and I'm fighting hard to keep going. Thank you for all of your advice. Thank you for coming together and helping each other. I'm not sure how to PM someone but I'm working on it.
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Dew58 (05-21-2009), loretta (05-22-2009)
Old 05-21-2009, 01:44 PM #7
SandyRI SandyRI is offline
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You don't have a lot of time.

I found my first lawyer by referral - a neighbor and fellow parishioner in our church who is a partner in a well known firm called a friend for me. The gentleman he referred me to represented me through 2 surgeries (about 2 years) until the "probable" RSD diagnosis popped up. WC started giving me a hard time and then all of a sudden this guy wasn't on top of things at all, and as a matter of fact his admin asst. was nasty about it. I decided then that I needed to find alternative counsel.

Someone on this board or the WC Board recommended that a way to locate a good WC lawyer is to review the cases that are listed on the WC docket on your State's WC website and compile a list of the lawyer's names from the cases that win. After a while there will be several attornies that emerge as clearly better than others. This is the process I used to find the lawyer that is currently representing me. I lucked out, because his admin assistant is awesome, and she is the one that I deal with all the time when I need help with my WC issues. He has such a giant ego that it is amazing he even fits through his office doorway, but I rarely deal with him (thank God!)

The reason I wrote all that is because I suppose that you could use that same theory to find a good medical malpractice lawyer. Try to find a state site where local med malpractice cases are listed with the legal representatives from each side. Hopefully you might pick up a trend where a few names emerge as potential representatives for you. I then traced the names of the attorneys that I was researching to the yellow pages in the phone book.

Also - consider asking friends and neighbors for referrals. Do you know anyone in the legal profession? Or have you worked with anyone in the past that knows someone?

I really wish you the best of luck. I feel your pain - I have also been seriously worried about my financial future since I've gotten sick. It's a valid concern. Sandy
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Old 05-22-2009, 03:45 AM #8
loretta loretta is offline
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Quote:
Originally Posted by dmarie View Post
I live in Washington state. My injury was in 2005, but the lawyer I have filed a one year extention for mediation. So I have until June 16 of this year. I'm so frustrated that this could happen. I was perfectly fine before I had the blood draw and now my life is so hard. When the blood draw was performed, the woman was able to get the first tube of blood, when she inserted the second tube (never removing the needle) she was unable to get the blood to flow. That is when she started 'digging'. She then removed that second tube, inserted a third one and 'dug' a bit more. The blood started filling the tube but not in a steady flow, more like spurts, that is when she flicked the tube, moved it a bit more and the blood started to flow. That tube was filled and then one more. I told her something was wrong, my arm was really hurting, she ignored me. I told her again, my arm hurts really bad, what is wrong? She said I was fine and could go. When I reached down for my purse, I started to yell in pain. My hand was numb and the pain was so intense. She took me to the Dr. and he said I had a hematoma, iced it and sent me home. A couple of days later I was rushed into an ultrasound and from there one test after another. Three months later I was diagnosed with RSD from Dr. Hashmi (yes we traveled to FL for help because no one here knew what was wrong with me). I've since been able to find good doctors here, but I'm no longer able to work and as all of you know, life is hard. I've never expected to win the lottery from filling a lawsuit, I am just so afraid of having my medical bills paid and being able to pay for treatment. It is so fustrating that one minute I'm fine and then I have RSD. I'm sorry to complain, I am very thankful for what I do have and I'm fighting hard to keep going. Thank you for all of your advice. Thank you for coming together and helping each other. I'm not sure how to PM someone but I'm working on it.
Hidmarie,
That sounds like a nightmare. To PM look at the top of the page. To the right side you'll see your name, and then your notifications. punch on those words, your notifications. Then another page will come up and on the left you'll see private messages. Punch that and a page will come up and you'll need the name of the person you want to write to. the title, a couple words of what it is about and then just write. and punch 'submit reply' hope that helps. take care. Whever you had your blood draw, you can reach a state medical board and see if there have been any complaints against the lab?
Public knowledge. Hope that helps. Public Records will also tell you if the lab has been sued or any nurses, Drs. at that particular institution. friends,loretta
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Old 05-22-2009, 11:21 PM #9
Imahotep Imahotep is offline
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I can't help much. But I would observe that I seemed to get the best legal advice from doctors and the best medical advice from lawyers.
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