This Week's Discussion: Litigation

Dear Readers,

I apologize for not writing to my blog since before Christmas. When I first started my patient advocacy site, I was planning to write to it every week. Please forgive me for not doing so. There is so much to share with you so that if and when you go to the hospital or to an in/out patient clinic i.e. an ambulatory clinic, you would be armored with some information in order to keep you safe from harm. You can never assume that someone, who is being very "nice" to you, will take care of you! I don't want to make you fearful BUT knowledge is power and your knowledge will keep you safe.

I have been told by some old friends when I meet them that I "look great". As my husband would say, "At your age, you clean up well!". However, I never feel well! Not only does the chronic nerve pain in my arms wear me out mentally but the pain wears me out physically since I just can't get a good night's rest due to the stabbing and or burning pains I keep experiencing. Then of course, the holidays arrived and although these times are my happiest times, the activity of preparing for the holidays as well as the cleaning up, intensify my pains.

Before I share with you some insights on malpractice issues, let me give you a quick recount of my post-surgical and unnecessary "risks" of surgery for two herniated discs in my neck:

1. excruciating bilateral arm pain
2. burn on my left hand
3. choked on meds after IV meds were discontinued
4. high blood ammonia
5. total body weakness: could not even open up my eye lids for several days

To add insult to injury, after my Foley was removed, since I needed assistance in getting out of bed, my call light was not being answered, so I had to "pee" my bed several times! The only bath I had till I was discharged was a "shampoo" cap to my head and a wash of my lower extremities i.e. legs form the knees down by a student nurse.

Over a period of months, issues began to indicate long term problems, and all this time I was being that my symptoms were due to "swelling" and that in time my symptoms would resolve.

My main symptoms were later confirmed / validated by two other neurosurgeons:

1. Bilateral arm pain which includes pain in the arms, wrists, thumbs is "most" likely permanent. After two years, it is still present.
2. Shoulders which were OK per MRIs pre-op, are torn. There is a full rotator cuff tear on the left and a partial rotator cuff tear on the right.
3. The top of the titanium metal plate on my neck actually protrudes into my throat. The reason for my swallowing and choking issues.
4. One of the six screws holding the plate in place had never been placed properly.

Basically, pain, choking, and perhaps erosion of my throat by the plate or perhaps erosion of my esophagus by the one screw which is improperly placed, does cause me physical and mental anguish! My ortho surgeon stated that my left full tear does need to be operated on but he will not repair my "left shoulder" until I get the plate off of my vertebrae removed since IT could cause an "intubation" emergency, even though a shoulder block could be done, if I needed to be intubated, an endotracheal tube could perforate the site of the protrusion. Using a LMA would be worse.

All of my issues were deemed to be JUST "risks" by a potential expert witness. Therefore, an attorney who took my case for six months, all of a sudden "terminated" our attorney-client relationship.

So Dear Readers, don't make my mistakes!

1. I wasted time "trusting" my surgeon after surgery April 2007. Then it took months to find out what was behind my 'complex" issues. I was not a textbook example.

2. I did not search for an attorney until January 2008, between working fulltime and being seen by
doctors, and etc, I did not have the luxury of having the time to sit down at a phone to call attorneys.

3. a. The main replies from attorneys as I did my search were: Do you have at least $50,000 dollars to pay for our expenses and for expert witnesses? And you know, "You might not win."

3.b. You are too "complex a case." I don't have time for this. You don't warrant my time.

4. We already do "insurance" cases for this surgeon. It would be a conflict of interest for us.

5. Eventually, no other attorney would take my case because of the time frame needed to "work up my case." Especially since I did not have the $50,000 up front.

It was an interesting and frustrating experience to learn first-hand about the "tort" system! So I basically live in pain and fear, since I am petrified to have redo surgery.


I was told later by someone that about 60% of all malpractice cases were caused by 6% of the same "repeaters." In these cases, it seems no one is weeding out the bad docs.

If YOU have surgery and even suspect that "something" is wrong. Get on the web and download and print out a Request for YOUR Patient Information! Or call the hospital and ask to be connected to Medical Records. Ask for it all! I never got it all! By the time I asked and asked and asked, I became weary! Send in your "filled out request" and make sure you send the request with a "Return Signature Request" from the post office. One can also ask and send via a FAX! Keep all your information, including all names all dates

The forms have to go to "Medical Records". The Freedom of Information Act mandates that ALL your records are available to you. Do this even before you get an attorney since "time" is of the essence. Different states have "different" statutes of limitations. Meaning you and the attorney only have a certain period of time to file your case. In my opinion, this limitation should never be! In my case, it took a long time just to discover what my "issues were!"

I hope this short synopsis might assist someone IF they were injured. I hope this synopsis assists the family if their "loved" one died.

PS: ABOVE ALL!!! MAKE SURE YOU FIND OUT FOUR THINGS STAT:

1. WHO WAS IN YOUR ROOM I.E. WHO WAS ON YOUR CASE?
2. WHO DID WHAT I.E. THEIR ROLE
3. WHAT EDUCATION OR CERTIFICATION DID THEY HAVE OR WERE THEY "ON THE JOB
TRAINED" ?
4. WHERE ELSE WERE ANY OF "YOUR" STAFF DURING "YOUR" CASE. THIS INFO COULD BE CROSSED REFERENCED WITH THE OTHER CASES DONE THAT DAY! (this info would have to be retrieved by your attorney)

BLESSINGS,
MY OPINIONS IN ORDER TO KEEP YOU SAFE!
Helen French RN, BSN

PS: A picture of my left arm is attached. The swelling in my arms comes and goes with activity and with bouts of pain. The swelling, as shown in the pic, had already decreased a great deal but I thought the photo would be a small example of one of my many "risks."