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Honored Contributor
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Registered: ‎03-09-2010

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

Doctors, nurses and other professionals are taught defensive charting from their first day in school. You are taught phrases that , while they do tell the true story - don't make it sound as though there was anything wrong. Also taught is to always chart to protect YOURSELF first. For instance if I called a doctor for a problem and I felt his response was not correct My charting would detail the problem , say exactly what doctor was called and what his response was and if it was blatantly incorrect - what I did about that.ie: called the staff attending if it was an intern or resident or if it was a staff member - called my department's medical director. I would then chart that entire interaction to protect myself using terms like "seemed like" "appeared to be" etc. Which protects me from liability but does not out and out say the intern goofed and I had to call the attending.

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Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

On 12/13/2014 chickenbutt said:

I went through a thing with a 'dentist' who completely messed up my mouth. But it never got to the point of litigation. To make a semi-long story short, I requested my records and he said it would be x-number of weeks and I had to pay a large fee to get a copy of my records.

Meanwhile, I paid and waited. When I got the records I saw that he had removed the information as to what actually happened and falsified them to change everything to his advantage. At that point I figured I was skrewed.

I ended up going to a good dentist and got all the bad work fixed. I still sometimes have problems with my jaws but it's nothing like what he did to me.

FF to many years later when I started going to another dentist and I told him about the problems. He said 'oh yeah, I know him. Well, he was going through a divorce and - blah blah blah'. Seriously? So that gave him license to mess up my mouth and jaw, not fix it when I went back in with the new problems, and then falsify my records to keep himself out of trouble? Well, I guess it did because he got away with it.


Oh, man, that is so bad in every way. I'm so sorry it happend to you and cost you a mint to boot.

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Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

Thanks, SF! I hope he got/gets his for doing all that damage and lying to get away with it. Sometimes I guess one must pick their battles and let some things go. I knew this would be a huge exercise in futility and I was not up to the task. Fortunately, it was a while back when I was still pretty healthy and was able to afford to get it taken care of.

HH - I understand what you're saying about defensive charting. This was not that. I had seen my chart before this and none of these things were there until after I returned in hopes to get the horrible work corrected (stupidly, I gave him the chance) and I requested a copy of my file. At that time, almost everything was changed completely to reflect completely incorrect information. This was over 20 years ago. I learned some lessons from it, anyway.

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Registered: ‎03-23-2010

Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

An orthopedic surgeon from a very well known group, amputated the wrong leg of an elderly man with peripheral vascular disease. This happened around 1990. He actually wanted the nurse to tell the patient's family!!!!!

Needless to say, the hospital and the surgeon's group offered a settlement before it even went to trial.

My boss ALWAYS asked the patient what extremity was being operated on and would mark it, even after reading the chart which could have been incorrect. Then, before anesthesia, the anesthesiologist and my boss asked AGAIN.

And now with medical records being computerized, it's a lot of "fill in the blanks" and not so much opinions or conversations between patient and doctor. They spend more time pecking on the computer than listening to the patients.

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Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

Rebecca, you are indeed in a touchy and troubling situation. It might be difficult right now to trust your instincts, but a very good MD that you TRUST, should be the one doctor that you might confide in concerning your fears about having another surgery. I imagine you are weighing the consequences of "clouding the outcome" of surgery blurring the past mal experience? I would be too. But you also are wanting to be out of pain and feeling better. Oh, I do feel so deeply for you... will be looking in and sending strength thoughts for hope that someone can help you in your situation...

~Have a Kind Heart, Fierce Mind, Brave Spirit~
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Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

On 12/13/2014 lovestoteach said:

Rebecca, you are indeed in a touchy and troubling situation. It might be difficult right now to trust your instincts, but a very good MD that you TRUST, should be the one doctor that you might confide in concerning your fears about having another surgery. I imagine you are weighing the consequences of "clouding the outcome" of surgery blurring the past mal experience? I would be too. But you also are wanting to be out of pain and feeling better. Oh, I do feel so deeply for you... will be looking in and sending strength thoughts for hope that someone can help you in your situation...


Loves,

Thank you for such kind thoughts. Through this discussion, I've decided that what happened to me cannot be worth a law suit. Yes, I am ticked that my ankle-foot surgeon will have to surgically approach from the top of my foot vice the bottom and preferred approach, but can see now that there's not much that could be garnered from any legal action I might wish to pursue.

My fracture toe has just started to feel better in the past 3 days, but the toe nail is nasty red underneath and it's rather loose: I think it's going to fall off at some point. Actually, at this moment, my toe nail situation hurts more than the fracture. LOL!

Thank you for your strengthening thoughts. You know I appreciate them so very much. I pray that this foot surgery in February will help my foot big time so I can get out and take walks!

God Bless - Rebecca

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Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

On 12/13/2014 Gooday said:

An orthopedic surgeon from a very well known group, amputated the wrong leg of an elderly man with peripheral vascular disease. This happened around 1990. He actually wanted the nurse to tell the patient's family!!!!!

Needless to say, the hospital and the surgeon's group offered a settlement before it even went to trial.

My boss ALWAYS asked the patient what extremity was being operated on and would mark it, even after reading the chart which could have been incorrect. Then, before anesthesia, the anesthesiologist and my boss asked AGAIN.

And now with medical records being computerized, it's a lot of "fill in the blanks" and not so much opinions or conversations between patient and doctor. They spend more time pecking on the computer than listening to the patients.


That's incredibly horrible!!! I hope that poor gentleman got a really good settlement.

These days the patient is given a skin marker and then told to mark the extremity or place a mark where the surgery will occur and, as you say, much repetition between surgeon, anes, and pt re the location of the surgery.

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Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

On 12/13/2014 sfnative said:


My fracture toe has just started to feel better in the past 3 days, but the toe nail is nasty red underneath and it's rather loose: I think it's going to fall off at some point. Actually, at this moment, my toe nail situation hurts more than the fracture. LOL!

Thank you for your strengthening thoughts. You know I appreciate them so very much. I pray that this foot surgery in February will help my foot big time so I can get out and take walks!

God Bless - Rebecca

Rebecca,

Guess I must have missed something in your original post. I did not know that you had a fractured toe nor how that came about. After reading your original again I really don't know exactly why you were/are asking about a malpractice suit, and to which doctor. No need to explain this to me if you would rather not do so. Just got me confused.

I've had broken toes and I can tell you that the pain from the ones I've had were much less than having a "black toenail" until I relieved the pressure of the blood against the nail. No comparison in my book to a broken big toe and a "black toenail big toe".

As far as "toenails"? I have had black toenails on about every toe of both feet. Most have been on my left foot because it is "a full size smaller than my right foot". Needless to say I had to buy my running shoes to fit my bigger right foot. Thus the problems with the toenails on the left foot.

Realize this is blood under the nail and after having my Podiatrist relieve this for me once, I asked him the easiest way for me to do it by myself and if it was safe. He showed me how to do it at home and that is what I did with all the other toes with this blood under the nail.

Anyone that has had a black toenail under their big toe is well aware of how painful this can be, especially for the first 3 or 4 days. I remember sleeping with my injured toe/foot outside of even a sheet on top of it because the sheet caused enough pain to keep me awake.

Whenever I "did my own toe surgery" my wife would leave the room. She could not stand seeing blood squirting out from the whole I poked in my toenail after she watched me 1 time. Not an easy thing to do, but it relieved the pain much sooner than leaving the blood under the nail. Still have a toe that does not have a full nail because of several issues with this.

Major cause was running outside and downhill. My feet sweat a lot and my socks would get wet and then my left foot(1 size smaller) would jam the end of my shoe when running downhill. That was the major cause of most of them and it took me quite awhile to figure out the cause. When I ran on my treadmill I would get off and change socks and shoes when they got wet, and then go outside and run up some hills, and then back down without my small foot moving.

Threw in a bunch of rambling here, but not new for me, eh? Once I get started on something I can't stop myself.

I really hope this surgery you are having will give you the relief you are looking for with this issue. People don't realize how incapacitating it can be to have an issue with a toe, especially the BIG toe. So much balance and weight is dependent on those toes that until one has a problem they cannot totally understand.

My best to you with this,

hckynut(john)
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Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

On 12/13/2014 hckynut said:
On 12/13/2014 sfnative said:

<br /> My fracture toe has just started to feel better in the past 3 days, but the toe nail is nasty red underneath and it's rather loose: I think it's going to fall off at some point. Actually, at this moment, my toe nail situation hurts more than the fracture. LOL!

Thank you for your strengthening thoughts. You know I appreciate them so very much. I pray that this foot surgery in February will help my foot big time so I can get out and take walks!

God Bless - Rebecca

Rebecca,

Guess I must have missed something in your original post. I did not know that you had a fractured toe nor how that came about. After reading your original again I really don't know exactly why you were/are asking about a malpractice suit, and to which doctor. No need to explain this to me if you would rather not do so. Just got me confused.

I've had broken toes and I can tell you that the pain from the ones I've had were much less than having a "black toenail" until I relieved the pressure of the blood against the nail. No comparison in my book to a broken big toe and a "black toenail big toe".

As far as "toenails"? I have had black toenails on about every toe of both feet. Most have been on my left foot because it is "a full size smaller than my right foot". Needless to say I had to buy my running shoes to fit my bigger right foot. Thus the problems with the toenails on the left foot.

Realize this is blood under the nail and after having my Podiatrist relieve this for me once, I asked him the easiest way for me to do it by myself and if it was safe. He showed me how to do it at home and that is what I did with all the other toes with this blood under the nail.

Anyone that has had a black toenail under their big toe is well aware of how painful this can be, especially for the first 3 or 4 days. I remember sleeping with my injured toe/foot outside of even a sheet on top of it because the sheet caused enough pain to keep me awake.

Whenever I "did my own toe surgery" my wife would leave the room. She could not stand seeing blood squirting out from the whole I poked in my toenail after she watched me 1 time. Not an easy thing to do, but it relieved the pain much sooner than leaving the blood under the nail. Still have a toe that does not have a full nail because of several issues with this.

Major cause was running outside and downhill. My feet sweat a lot and my socks would get wet and then my left foot(1 size smaller) would jam the end of my shoe when running downhill. That was the major cause of most of them and it took me quite awhile to figure out the cause. When I ran on my treadmill I would get off and change socks and shoes when they got wet, and then go outside and run up some hills, and then back down without my small foot moving.

Threw in a bunch of rambling here, but not new for me, eh? Once I get started on something I can't stop myself.

I really hope this surgery you are having will give you the relief you are looking for with this issue. People don't realize how incapacitating it can be to have an issue with a toe, especially the BIG toe. So much balance and weight is dependent on those toes that until one has a problem they cannot totally understand.

My best to you with this,


John,

I feel an explanation is in order. The fractured toe, etc., was mentioned to Loves as we have corresponded on another thread. So let me get things straight.

My original post here as the OP was relative to my left knee replacement in May of this year by an excellent ortho surgeon. Unfortunately, during the surgery he injured the tibial nerve which has caused most of my left foot to be numb and I cannot move my toes. My surgeon admitted that in 20 years of practice this had never occurred. Additionally, I will just have to wait for the nerve to grow and repair itself. When it does, I will have painful spikey pain in my left foot. Am not there yet.

In the meantime, I was finally able to get a line on an ankle-foot ortho doc to address the badly dropped 3rd met head in my left foot (same side as the knee replacement). This met head drop is now severe and requires surgery, but we had to wait for me to rehab the knee, etc. When I went back to the ankle-foot doc for a follow-up in late October he said that because the entire bottom of my foot is numb and I am unable to move my toes, he cannot do the standard approach for the surgery which would be through an incision made on the bottom of the foot. He now has to make an incision on the top of my foot. This is problematic, because he must shave 4-5 mm off the bottom of the head of the 3rd metatarsal head from the top. I'm going to need all the good luck going into this surgery in early February.

Re my big toe nail on that same darn foot, thank you for all the information regarding your personal experiences. It all helps me to understand. What happened was that I had a procedure to remove the lateral nail margins on that big left toe nail because the nail shape was very domed and has caused me all manner of pain and some infections over the years. So this poor nail is trying to heal and what did I do? I removed a frozen loaf of dense gluten-free bread from the freezer with my bad right hand and it dropped right on that left big toe. No other toe, mind you. Just that post-procedure toe. Needless to say, it started to bleed again and hurt very, very much more than before. Went back to the podiatrist that did the nail removal from the sides and he said we should take a few films to rule out a fracture. I couldn't believe it! And sure enough, I had a fractured large left toe, so am in a boot and my toe nail is more reddish purple than anything else. And what you said about not even wanting a sheet on it is so true. it is extremely sensitive and painful.

Because we're going on our annual Christmas trip to the snowy Washington mountains and a little German village, I didn't want to go in and have the nail removed now, but will probably do that right after the first of the year. It's already loose, so I hope it won't be a big deal.

So that's the story. Thanks again for sharing your toenail experiences!

~Rebecca

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Re: If you've ever experienced a medical/surgical error by a physician/surgeon and sought legal help...

In Indiana it's almost impossible to sue a physician and win. The laws are very pro the medical establishment. Bowen who used to be a governor in Indiana was an M.D. He made the laws super tough to sue and win.

One , unfortunately, has to be dead to win. It's very frustrating for those who clearly have a legitimate case.

"friends don't let friends drink white zinfandel"