Soaring medical malpractice claims another victim
In the end, it’s the patients that suffer the most.
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- Op-ed: Injured patients deserve medical malpractice reform
- Hurwitz conviction: The Justice Department tells chronic pain patients to suffer
- Some hospitals and nursing homes are asking patients to sign arbitration clauses prior to admission
- The physician who disputes second-hand smoke claims
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{ 13 comments }
I posted a question for you under your http://www.kevinmd.com/blog/2005/01/of-course-there-is-some-real-medical.html#comments
About what you think should be done. I’m always terrified that I’m going to loose my very good doctor’s because of the regulations that are being handed down.
Something has to be done to protect the consumers! Despite what the lawyeres and media would like us to believe … large settlements do NOT prevent medical malpractice! They put good doctor’s out of business and put the lives of their patients at risk leaving us with only doctor’s who don’t care!
I am all for tort reform that will put an end to outrageous jury awards for punitive damages but at the same time I am very against putting caps on awards for actual damages.
My personal experience is one that can be used. I am 34 and at the time I became disabled I was only 32. I have adhesive arachnoiditis after doing pain management, a myleogram and final surgery for spondylolisthesis.
The spondy surgery went well and my neuro is a highly competant doctor who I have the utmost faith in. However, the anesthesiologist who administered the epidurals and the doctor who did the myleogram failed me. They NEVER warned me of the possibilities of developing arachnoiditis and they certainly never told me it was even possible. Until I was diagnosed never even heard of it.
They failed to inform me that the ESI’d could cause it or that myleograms have long been suspect in adhesive arachnoiditis.
I now face a daily routine that leaves me in pain unless I take my pain meds. Forget the meds and suffer not only through the pain but the DT’s since I am on Oxy. Top that off with the Oxy no longer workd so I am being moved to MS-Contin.
I can no longer do my job, which I loved, I can no longer wrestle with my sons ,walk the dog, go sledding etc…
All of this could have been avoided had that 1 doctor mentioned the possibilities and I had a choice to say no.
I lost my job, my car, my insurance and my income (for the rest of my life). I do not want to see punitive damages but I do want what I lost and that is about 35-40 years of salary I can no longer make because a doctor did not do his job.
i understand your frustration, but i’m sure you signed several consent forms that mentioned disability as a potential outcome of your surgery. While they may not have said “arachnoiditis” specifically, I doubt you would have even hesitated a moment longer to sign if they had (since the consent form probably mentioned death, infection, etc). Your situation is unfortunate, and your roll of the dice was unlucky. did the anesthesiologist do something wrong? probably not. You deserve some sort of compensation (like the disability you are probably collecting). but you obviously had pain and suferring from your back even before the proposed surgery… i wish their were a no-fault system of compensation for cases like yours. this would reflect the fact that surgery can be very beneficial but carries real risks, and that bad outcomes are not always malpractice.
oops, there not their.
You have my sympathy for your continued pain, but the issue you raise is not relevant. None of the tort reforms proposed limit actual damages. Victims of alleged malpractice will still be able to sue for lost wages, medical costs, and other tangible losses. What is limited is the literally incalculable “pain and suffering” awards resulting from juries’ sympathy for the victim and hostility toward the physician. The capped awards are in additon to the cost of medical care, lost wages, etc.
Blogger sucks!!! It just ate my post.
I do not collect anything due to my arachnoiditis, yet. It was also most certainly caused through negligence on behalf of the anesthesiologist administering the ESI’s and myleogram.
You’re right, had I been informed of all possible outcomes I would have still done the procedures. However, I would only have myself to blame as I had been given all my options.
The difference between the consent forms for the ESI’s and Myleogram compared to my surgery releases is like night and day.
Maybe in the near future I can discuss more then this, but not right now.
For more info on arachnoiditis I would suggest checking out http://www.cofwa.org
As for JB…
>>What is limited is the literally incalculable “pain and suffering” awards resulting from juries’ sympathy for the victim and hostility toward the physician. < <
This is exactly what I posted about capping. Anything aboe “real” damages is considered Punitive (punishment) and IMHO is BS. Should we be allowed to collect some sort of punitive damages? Yes, but not without a cap. They should be limited to a percentage of the real damage awards. If there is no real damage then their is obviously no neglect on behalf of the doctor to award punitive damages.
Since my meds are wearing off right now and I am pissed from blogger eating that post I will have to do this later.
Actually, the Supreme Court has already put a basic 10-1 ratio for punitive damages against compensatory. Of course, punitives are almost never an issue in medical malpractice cases against an individual physician, so any discussion of them in this context is silly and meant solely to avoid looking at the actual issues.
As for the only real damages being those of wage loss and medical expenses, that’s really amazing that some of you believe that. I guess not being able to walk isn’t really worth any compensation if you’re a child since you don’t have any economic loss. Oh well, you weren’t going to do anything great with your life anyway. $250,000 ought to be plenty. That’s about one year’s worth of work for a doctor, and you could never have expected to be a doctor, little guy!
You legal experts might not know this, but your health insurer has a right of subrogation, which means that award for your past medical bills gets paid back to them. What? The AMA never told you? How surprising.
Curious JD
Had blogger not killed my post you would have seen that I actually covered what you mention. Where monetary loss may not be determined due to age or that it should be more in other cases where a patient is left unable to walk, talk, see etc…
Obviously had my condition left me in a wheelchair requiring 24/7 care, compensation should be expected to be higher then lost wages. However, while I cannot work I can walk (for now) and dodged the bullet on Cauda Equina Syndrome (again, for now). Should I be entitled to more? And if so do you practice this kind of law in my state??? (LOL!)
As for what you mentioned about the subrogation. I actually have heard of this. In doing my research on whether or not I should retain an attorney I read up on this topic. I do know it exists and have copies of every single billing they paid and the amount they paid should this be an issue in the future.
Anonymous,
Unfortunately, I don’t handle medical malpractice cases. My little firm doesn’t have deep enough pockets to risk on them. I realize doctors believe they are a gold mine, but so far I haven’t seen it. However, if you want to find out if you have a case, find someone in your area who does handle them.
They’ll likely have their own expert review it before they decide to take the case, assuming your statute of limitations hasn’t passed, and if they can’t make the case, they’ll tell you. It shouldn’t cost you anything to at least find out. And despite what these doctors tell you, most lawyers won’t take a case just because of a bad outcome. You can’t beat summary judgment on bad outcomes.
Make sure you get someone who has handled a med mal case before, though. They are difficult cases if you’ve never been involved in one.
Good luck.
THE EPIDEMIC OF CERVICAL AND LUMBAR EPIDURALS, WHICH ARE NOT EFFECTIVE MORE THAN 30-40% ANY WAY AND MAY RESULT IN NEURITIS/ ARACHNOIDITIS IS A MAJOR IATROGENIC PROBLE, AS CLAIMANTS CAN NOT REALLY PROVE THAT EXACERBATION OF PAIN IS DUE TO PREEXISTING PROBLEM OR INJECTION. MANY OF THESE INJECTIONS ARE PERFORMED FOR INADEQUATE INDICATIONS. THIS ALONG WITH USE OF OPAITES IN MANY NON MALIGNANT PAIN SYNDROMES LEADS TO VICIOUS CYCLE OF GLOOM AND DOOM IN THE VALLEY OF PAIN AND SUFFERING.
I just found out about the possibility of having arachnoiditis
after months of pain following the delivery of a healthy baby girl. The anesthesiologist attempted an epidrual for pain three times in a row, the first time he hit something, but after waiting 6 hours for him to get there (he was in another surgery) there was nothing I could do. I had no back pain during the pregnancy only after.
I went to the doctor immediatley, started physical therapy, still went undiagnosed until now.
As for the pain and suffering, how do you put a price on a new mom, who can’t function for her kids? Her husbands pain from her being a “pain” and “in pain” all the time? This doctor stole my life, the quality of it anyway, and if he was too stoned from the previous surgery to get the darn epi right then someone else should have been brought in. I would recommend this unnamed hospital to no one, there was a reason a bunch of Labor and Delivery Nurses tried to sue the hospital for the practices there. I was stupid. And it ruined my life.
hurtinmama I can relate- however I am going on 4 years and have barely been able to take care of my little girl and it has gotten worse and i am barely working lost urinary functionality sexual ability etc- i was diagnosed with everthing from multiple sclerosis to lupus and anything else but to actually go back and realize i was fine until i got the first epidural which apparantly did not take he did 3 boluses another epidural and then finally delievered with a spinal and c section 12 hours later- i have been hospitalized 9 times and critical for 4 years and noone suggested arachnoiditis- i tried to go to an attorney in the beginning but the only diagnosis i had was MS so I was up a creek without a paddle- i just did extensive reading on arachnoiditis and that is clearly what i have and every test supported it symptoms, etc i cant believe this- all i can tell you is hang in there- i lost my job 6 figures, i cannot function on my own or take care of anything- we are losing everything and i was healthy before i delievered my daughter and for the person that said the other person had pre existing back problems i had nothing- my primary doctor had 5 pages in my chart after years and he now has thousands- doctors continue to cover it up so i do not feel for the malpractice premiums you are getting hit with- its your other doctors that are doing it to you i know there are people out there filing suits and somehow getting them when they shouldnt i dont know how because legitimate mapractice seems to be covered up- this doctor not only took most of my life but he cost me millions in lost income not even mentioning pain and suffering- what can you tell my baby or me when this is being done to innocent people? i screamed when he did the epidural started crying burning pain shot down my right leg and i was told this was normal- i was in a wheelchair in the hospital i couldnt even walk from the beginning- after high doses of pain meds i can minimally walk now for about 10 minutes at a time if that
I certainly feel for you! I have found out a LOT about the hospital I had this done at, and believe me you would not want to get sick in this town!! It’s outrageous!
I have a big mouth and will not let this go quietly. If worse comes to worse I am picketing in front of the hospital, I can’t work and can only really sit, so what do I have to lose? Maybe some media attention would help. I understand about “doctors being human etc” but failure to diagnose just to cover your own ass is morally reprehensible…we reap what we sow!!!!
So I lose my job and health and the pleasure of raising my children while the hospital execs and the doc who did this get to drive their fancy cars and own their own homes?!!
I
don’t
think
so.
I was healthy before this, there were two other docs the hospital could have called (had the BOTTOM LINE $$$$ not been so important) to due the procedure. Instead this poor fellow who had been awake 20 hours straight botched the hell out of what should have been a routine procedure.
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