Fighting back

• By Einstein
• Posted July 6, 2009 at 10:58 am
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Both my mom and I have considered when we get this all sorted out, about if nothing else, making the hospital correct medical records, as well as send a letter to all the physicians who have made outrageous accusations and completely ignored test results. We have considered sueing, but as it is, we are paying two lawyers in two different cities on divorce proceedings and can't afford it. I would say if you have the money, and a good chance at winning, and it would make YOU feel better, than by all means, go ahead. It is a long battle though, so maybe consider your energy level, and whether it's worth your time and energy to try and exact retribution, or whether it's better to try and get on with your life and forget those A**H****.
Food for thought anyway. Personally I would just like to get them all in a room and go to town :)-

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• By Sunshinebaby7806
• Posted July 6, 2009 at 11:08 am
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Yea, I dont know if i have the money to do it.. but my mom was talking to a few relatives in my family and they said that if i do win.. they could pay for all the medical bills and such that I have been dealing with.. Im not sure what I want to do... I would love to go to town on them for everything that I have gone through.. Im not the best mom that I know I could be since all of this.. It hasnt just ruined my life.. but my daughters and my hubbys. And with all this sickness and everything it has put a BIG strain on my marriage. It just pisses me off that the surgeon doesnt care how this has affected me and my life.. he doesnt have to go through this for the rest of his life, he doesnt have to battle everyday to thrive on boost and broths... it sucks and I would love to rip those A**H***s a new one for saying such hurtful things. I am not a hypochondriac, I know that if somethings wrong SOMETHING is wrong.. I would love to be healthy and enjoy life and not worry about being sick.
Im not sure what I want to do.. I am getting my medical records and going to look through them. I will bring them to my motility doctor and see what he says about things... He seemed just as upset as I was when we were talking so.. we will see.
Thanks for your reply!
~Becky

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• By suzyqg
• Posted July 10, 2009 at 1:02 pm
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I had gall bladder surg. in 1994 and after all the dr i have been threw that told me i had gerd real bad and i need to see therepist to deel with it. In 1999 i found a dr who said i was very sick it was taking 27 hours for my stomach to empty. he did a fundoplycation an neicin repair and said to me who did your gallbladder surg the scar tissue was so bad around my pyloris he justn shook is head an couldnt beleive how bad it was. Then he sent me to temple hospital an was told i had gp. 6 years later i was told after spending about 5 weeks in the hospital they told me i also had psuedo obstruction and not repairable now everybody all along (frienda an family) have told me i should have sued that dr but it has been to long ago. so i dont know what to do but i feel that he is the one that screwed up my life hope someone can offer help.

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• By NancyL
• Posted July 11, 2009 at 10:11 am
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My concerns over sueing the doctors are the following...
The biggest concern is once you have sued doctors over your care- you are going to be treated differently by doctors that care for you in the future. Whether you win or lose, it is going to make doctors nervous about treating you. This is true if if you just mention sueing past doctors without actually doing it. And these conditions mean that you will need medical care for the rest of your life.
Most surgeons make you sign papers stating that you can and might experience many side affects from the surgery, not limited to death. My surgeon explained to me that I had a 10% chance of developing a condition that would mean a permanent liquid diet for the rest of my life. Most of us had the surgeries because we were already experiencing medical issues. And some GI issues have no known cause. In order to win you would need a qualified doctor to state that your condition is a direct result of the actions of the surgeon. And get the jury to agree. While many doctors may strongly suspect your condition is a result of a proceedure, it is another thing entirely to get one to go on a stand and state it for the record. Malpractice is very expensive. Expert wittnesses can get several hundred dollars an hour in addition to the cost of the attorney/s. The insurance companies that insure docs against malpratice have deep pockets and can afford to employ many attorneys to drag out the case leading to huge legal bills for the person bringing the suit. In alot of cases an attorney will not even consider taking the case unless he believes he can win.
Being involved in a lawsuit is tremendously stressful on someone who is already in poor health. I have seen it destroy normal healthy people. It seems to feed anger with leads to more anger.
This perspective comes from my experience with my brother. Russ became very, very sick and ultimately died very painfully years later directly as a result of the negligence of a doctor who was "treating" him. I had doctors willing to testify to the first doctor's negligence. But I could not find a decent attorney to take the case on account of how complicated it was. Malpractice attorneys prefer easy (fast amputations, deaths) cases. I was on a jury once in a malpractice case and I saw what was involved. I believed the plaintift but his lawyer was no match for the insurance companies team of lawyers. There were things his lawyer could have done to prove the case that he simply did not do.
My anger at my brother's doctor nearly destroyed me. I was raised in a house of anger and I am no longer allowing anger to be a part of my life.
I believe my health does best when I am in a state of peace. I do not know if the doctor made a mistake during my surgery to cause zero motility or if he did do everything right and it just happened. I believe he is an excellant surgeon. He had many serious surgeries that day and I think he was as concerned with being fast (good for him, not so for me) as he was with solving my medical problems. He was the chief of surgery at a very prestigious hospital. And the doctors that had originally found the problem (different hospital) did heart surgery all day long. All of them said I would die without surgery and none of them did the surgery I needed.
Sorry this is so long.

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• By JoAllison
• Posted July 11, 2009 at 12:30 pm
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Mine is probably the result of surgery too. But I was in more pain than I'd ever been in in my life & quite possibly the surgery saved my life even though it probably caused the GP. It was a complicated surgery. My personal choice was not to sue because I know how stressful & long lawsuits are (I'm a lawyer but no longer in private practice - I now work for the state as an administrative law judge) & frankly, stress exhausts me & worsens my symptoms. In my case I've blown the Statute of limitations, anyway. It was better for my health to learn to let it all go. But every person is different and it may be empowering for you to go for it.

I looked up the statute of limitations in your state (based on your profile) so your can make your deliberations safely. In Massachusetts, any medical malpractice action for injury or death must be brought within three years after the cause of action accrued, but in no event more than seven years after the alleged act or omission occurred, except in the case of foreign object actions (somebody left a sponge or forceps in you). A cause of action for medical malpractice accrues when a person learns, or reasonably should have learned, that he has been harmed as a result of the doctor's conduct. So you have three years from now, IF it hasn't already been over seven years from the surgery that caused it.

It wouldn't hurt anything to talk to a lawyer. A med mal case, they ought to take on a contingency fee basis. In other words, if you win they take 40%. If you lose they get nothing but office expenses (cost of phone calls, copies, witness fees, mileage, etc -- they should give you a list of what is included in expenses & if you decide to hire them to pursue the case, give you monthly or quarterly expense accountings). Many lawyers, but not all, will make the first appointment free. But be sure to find out what they charge if they don't.

The release of liability you signed before surgery can be pretty much worthless in many situations & it doesn't cover all contingencies anyway, so it might not be the doctor's protection he would like it to be.
If your motility doctor is upset enough to be willing to testify for you, that would be a big help.

Be aware this will take a long time, but MUST be filed within the statute of limitations or it will be dismissed by the court, so pay attention to your dates. And it will change how doctors treat you - I ended up with LOTS more tests on everything (my mom threatened to sue one of my GIs when I was in the hospital in 2005 & pointed out that I am a lawyer & that most of my visitors were lawyers, LOL! - see my profile page for the description of all what I was there for, it's too long to go into here).

Whatever your decision, I hope it brings you peace.

Jo

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• By Sunshinebaby7806
• Posted July 11, 2009 at 9:18 pm
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Thank you all for replying to me.. Im not sure I have the money to even try to sue.. and I am very uneasy about going forth and doing it... my mom is really the one trying to convince me to go ahead.. But the more i think about it the more stress and everything seems more of a burden than helping me. I would love to let the surgeon hear what I have gone through over the past few years, but with the record I have with doctors actually giving a damn about it.. is.. well its not good. So, Im not sure.. my hubby would love to sue too but I dont think I have the energy or the gutts to do it lol.. Im a very passive person, ppl tend to walk on me ( im trying to be better about that.. but i rly dont liek to piss ppl off lol) So.. I dunno, obviously Im on a time crunch if i want to.. I guess Ill think about it more and see if its worth it.. I might just let it go, I rly havent thought about it until my motility doc brought it up and then I told my mom about it... I dont like being angry and holding grudges so.. hmm.. I guess we will see.
Thanks again for all your replies.. you have given me things to consider and talk about. You all are wonderful!
~Becky

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• By KNIGHTLIGHT
• Posted July 12, 2009 at 3:03 pm
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Becky,
My friend Kathy had the same experiences after gallbladder surgery.
Here is my suggestion for not just you but for all those who have had a similar experience.
The chance of winning a single case is rare but with
documentation from many other people your chances
are much unproved.
This is kind of like a class action suit but different
in that other people collectively share documentation,experiences and have all ended up with GP.
Like Benjamin Franklyn said we must all hang together, a most assuredly we will all hang separately.
The First Step would be to consult an attorney and ask if he would take all these case on a contingency
basis.

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• By Sunshinebaby7806
• Posted July 15, 2009 at 9:05 am
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Thank you for your reply and support. I will be getting all my medical records to look over before I decide to do anything... This is really hard for me becuase I dont want to sit back and do nothing... there are many people who I talk to that have gotten there gall bladders out and have came down with GP or symptoms of GP. My aunt has had her gall bladder out a few years back (at the same hospital) and has been dealing with Pancrentitis and symptoms of GP.
I just hate hearing people say that "O i had my gall bladder out and actually feel worse now than what I did before."
I dont know if its carelessness from the doctors or just something that can happen after the surgery... but if its the 2nd thing.. shouldnt they warn people of the things that can happen after? The only thing they said was that I might get diarhea... which I did... and that was a constant battle... for someone who cant go in public bathroooms, that was a battle in itself... But no one said that the risk of damaging a nerve or anything for that matter was never mentioned to me or my parents. They said that since it was done laperscopy (sry cant spell) that it will be easier to heal and less of a chance for anything to go wrong..... well apparently not.
So do I want to do nothing about this? Or do something to change what can go wrong to others?
Its not a matter of winning money for me... its about doing something to warn other people that something can go wrong with a "simple surgery" and they should know the risks of it....
Thanks for listening and replying back to me.
~Becky

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• By KNIGHTLIGHT
• Posted July 15, 2009 at 3:25 pm
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Thank you for describing and relating your story,
because it is, for some, the same story with the same consequences, and I don't believe in this many coincidences.

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• By kbrown3112
• Posted July 15, 2009 at 9:35 pm
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My GI doctor cut an artery while putting in my PEG-J and I almost bleed to death. I was in the hospital for six weeks recovering and had all sorts of complications. My GI doctor had done this very simple procedure hundreds of times before, but decided to get "fancy" while placing mine and tried something he had never tried before. Low and behold when he made the incision for the tube there was an artery there. I have had so many complications from his blotched surgery that this past March they decided to take out the tube and have a surgeon place a surgical j-tube. EVERYONE has told met to sue my doctor...but I decided not to. Would I have won money? Probably. However, I had to consider everything you have to go through when you decide to sue someone. It is not easy, nor is it fun. I would have ruined my relationships with my doctors and would have had to go to a different hospital in a different city, which was a long drive for me. You also sign a paper that says you understand all the possible things that can go wrong with having a procedure/surgery. I also didn't "loose" anything because I had my surgery at the beginning of summer in between semesters of college. You have to prove that the blunders of your doctor have cost you something, ie, what are you suing for? You have to consider the emotional and financial stress you are taking on when you decide to sue someone. I met with a lawyer about suing and after going over everything that I would have to do and how long it could drag on (years), I decided that I would rather put behind me a bad event and consider myself lucky that I lived. I have a limited amount of energy, I am a full time nursing student, and I am pretty sick from several different health issues; for me the better decision was to put my time and energy into moving on with my life.
Good luck to you.

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• By sharronm55us
• Posted July 16, 2009 at 8:17 am
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Becky,

Hi hun....I have lost my stomach. I can not sue, most likely. Although, I am looking into one issue with one doctor. I wish I could say you will WIN, but facts are during a surgery nerves and such can get damaged. The one going from your brain (the Veges, or something) can get damaged during surgery. This is something that really can not be avoided in some cases. You have to prove malpractice. It is a hard one at times now days. My slant is they tried to reverse a by-pass. That is almost impossible to do. My tummy died! Unfortunately, I am following. It is hard to explain but look at it as a flying sub. I am on the surface for a while then I take off and fly and get higher and higher then I sink and go down under the surface and a bit lower and lower. Each time I have a lower and lower experience I rebound a bit but my quality of life is never the same. I am refusing any tubes. I am going to do an advanced directive as soon as I get back from Denmark. Tee Hee, yes I am bragging. I know a family there and I am just going and relaxing. Very little tourist stuff, just going to relax in Aalborg and on the shores of Denmark. Anyway, my quality of life is why I am going. I had to put it off last year (they took my tummy out) and this year I am sick. I took a nose dive. Now, I have no energy, I have to be in a wheelchair if anything takes time like going to walmart or something. I have one, a push one they are much lighter! I am taking it to Denmark, checking it through as my second piece of luggage. Anyway, my quality of life has been diminishing but my zeal to live life has been heightened (scary how badly I spell considering I teach the nations children how to speel...lololol). Anyway, that brings me to my next bit of news I am disabled for one year. I just am not able work, if you know what I mean. All that fighting and trying so hard and I simply cannot.

Anyway, I have to run, I am ummm going on this little trip....I WILL GIVE AWAY PICTURES when I come back. Oh, btw the posting about liquids and traveling and all that so helped!!! Thank you, thank you, thank you!!! Huggles all. Sorry, I got way off track but I am up and postitive this morning.....be careful getting your hopes up with the malpractice, just give them the facts....all of them! More of us need to stand up and say enough!

Have a great ummmmm couple of weeks all, I will see ya when I get back....TEE HEE....ya shame on me, bragging again!!! I just feel awful, shameless!!!! Tee heeeeeeeeeeeeeeee.......

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• By busyteacher
• Posted July 16, 2009 at 9:59 am
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My son's bowel was perforated by an enema, with no anesthesia, using the wrong enema tip--a child's, not an infant's. He should have had surgery at three months old, not an enema. There was not infant life support at the hospital, so he was taken to another hospital, where the nurses told me to sue.
We consulted a lawyer. Malpractice has to involve intent. Intent is hard to prove. Your theory about how you got GP is a theory. I could have even been a virus. You might want to consult a lawyer who takes cases on contingencies, so you won't have to pay legal fees, but what are you hoping to gain?
Just asking. If it's lost income or health coverage, you have a better chance than for damages.
My son's intestine healed to his abdominal wall. His gut is deformed now. His risk of obstruction is way up there, although we got through the "rapid growth years" safely. Surgeons will not touch the painful scars, due to their fear of causing another obstruction--we consulted both an excellent surgeon and a plastic surgeon, who would have to work cooperatively. The surgery was even approved, and they refused to do it.
Winning a lawsuit is not as easy as you might think, is time-consuming, costs you in other ways, and may end up costing you court fees. Just proceed with caution.

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• By Sunshinebaby7806
• Posted July 16, 2009 at 2:16 pm
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Thank you both for replying... Im thinking of giving up with the whole sueing thing.. the more people who reply, the more it just seems more stressful and time consuming than anything... theres not much to gain for fighting back... my life isnt over, im not dying, i can still take care of my daughter.. some days are harder but I can still do it... so.. i guess fighting back will just make things worse... i wish it would be easier and a def thing but its not... so.. thank you all for replying but i guess im just not going to figh back!
Hope you all are having a wonderful day.. Thank you for sharing sympathy, advice and your stories..
~Becky

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• By busyteacher
• Posted July 17, 2009 at 9:04 pm
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Believe me--what they did to my son was grossly negligent. And still, I would have had trouble proving a lawsuit.
During my hysterectomy, my bladder was punctured while she was cleaning up scar tissue from the ablation and I was paralyzed due to spinal pressure from being on the table too long.

She (the surgeon) was a mess. It was her first mistake. She was checking on me frequently and called other doctors who were the best in their field. Not easy when something has gone wrong and the patient on the table may wake up angry. But the neurologist and urologist took risks of being named in the suit and came.
And it was not her fault the scar tissue was there.

She couldn't understand why I was not angry with her, especially when my ovaries temporarily failed and we could not find the cause of the temporary paralysis. But, it said on the form that it could happen.

Medicine is a very human field. Do you really think the doctors who make these mistakes don't care? I don't think most of them want to make mistakes. A lawsuit can destroy their careers and the huge amount of education they have paid for and suffered through.

I guess, after several years, I can stop feeling angry because the intent was to help me, no matter what the outcome was. I would rather have someone take a risk to help me than be afraid to treat me.

And gastroparesis is such a weird thing. People without diabetes just don't usually get it. It's just a weird thing to have happen.

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• By Sunshinebaby7806
• Posted July 21, 2009 at 1:46 pm
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Your right... Your really right... I think talking to my mom really upset me about the whole thing... I dont think anyone meant to make a mistake and didnt care.. I have had doctors that seem to not care... but like you said... they are trying to help and they have done lots of schooling and a law suit will ruin them... I dont want to ruin anyone.... I had jaundice with my gall bladder, I had stones stuck and it was a mess... i would rather deal with Gastroparesis than be dead.... thank you for your input on this... im glad to have someone point out that its ok to be angry but theres more to look at than just the mistake..
thanks again
~Becky

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• By NancyL
• Posted July 22, 2009 at 10:28 am
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When I went through paramedic school, it was drilled into us that (in Florida) anyone can sue anyone for any reason. The instructor said it ever single day. And we were told that when anyone young dies or sustains permanent injury- there is a strong possibility of a lawsuit. Whether or not it is justified. It was said to make us extra careful of the care we were giving to patients.
I also heard a talk given to doctors at a hospital. In it, lawsuits were discussed and the speaker said that the main thing that made people persue a suit was not the mistake (if there was one) but the attitude of the doctor. A doctor who is operating from a stand point of caring towards a patient is much less likely to be involved in legal action.
Not every doctor gives a damn. Those are the guys that will make us so angry. But the anger always ends up hurting us more then the person we are angry at.

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• By Sunshinebaby7806
• Posted July 22, 2009 at 8:27 pm
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you are so right... those doctors are the ones that make me angry.. like my doctors nurse practioner... she kept implying to me that i had an eating disorder.. when I know for a fact i dont... I did when I was little but at this point... I rather be fat and eating than to be skinny and not eating... Im not even that skinny... I look healthy looking.. but the way she acted toward me made me soo mad.. She didnt give a damn and she kept twisting my words around... she didnt care that i kept saying.. I just want to be a good mom, to be healthy and to be able to play with my daughter. Nope all she heard was, Yes i was happy that I lost the weight I gained when I was first diagnosed.. Yea I am 4'11'' and weighed 160 at 20 years old!
Those are the doctors and nurses that make me want to slap in the face!!!
My mom just ended up getting her gall bladder removed in an emergency surgery yesterday.. the surgeon was really nice and talked about everything with her and my dad... they even talked about the risks of any nerve or stomach damage.. he said there wasnt and he will make sure that everything went smoothly.. they treated her soo well. So fingers crossed that everything went well and things go fine for her in the future... thanks for replying to my message!
~Becky

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