Poll
Question: Question: As I said: should I consider filing suit against the doc who made holes in my right ear-canal and created the opening for infection?
Total Votes: 16
I had my jaw-joint prostheses removed in July of 07 and replaced on the 4th of January, '08. Many of you know this.
Well, I was having problems since July as the surgeon (in NY) had created no less than 3 fistulaes in my right ear canal, into the right joint space and even into my mouth. Now, this created a load of pus (sorry if this is tmi-- no pics of it will be posted) draining from my ear for the entirety of my "healing period". Essentially, I never did heal from the July surgery and, though I saw many different docs, the only one who paid it much attention was an E.R. doc. He had nobody to refer me to, either. That was back around Thanksgiving and I went to Boston (Harvard) for the implantation right after xmas. The docs there did a lot of cultures and, though they did find 5 different strains of bacterium, they deemed it unnecessary to give me antibiotics. I was given an anti-fungal for a yeast infection in the joint (yeah, nasty).
SO, and, I am trying to make this shorter, believe it or not!-- I was back in Boston in February for a follow-up and again, in April because I was worried about the purulent drainage! Well, the surgeon thought it was just saliva from the deep lobe of my parotid gland, which had never been removed (should have been in '98). Though I argued that my saliva is not generally thick and yellowish-grey, I went through a procedure on the 8th or 9th of April to inject botox into the parotid (to try and kill it) and they opened up my jaw while I was sedated. Okay-- they thought all should be well.
On the 18th of April, I was home in Austin, and my face blew-up like a balloon; the right side was huge so I went to the E.R. here. It was the same E.R. as I had been to previously and this time I was very lucky as an Oto-head&neck surgeon happened to be there at the time. He was very concerned and put me into the hospital for a few days. As soon as he sent me home, with many antibiotics, my face actually became larger, purple, and the infection grew to be into my neck and shoulder. I called this doc and begged him to open up the main source of the infection, which happened to be my mandible (really could not have been worse than that) and drain it. Well (and do not read if squeamish, ok?).. there was, minimally, 60cc's of pus drained from my JAW BONE This was awful and as i said, could have not been worse as far as the major surgeries were concerned.. I had the surgeon here contact my oral surgeon in Boston and they called telling me to schedule another flight to MA, immediately. It took me until the 29th to get a flight up there and my surgery for removal of the right joint was done on the 30th. At this point, I have NO joint on the right; my teeth do NOT close and chewing is now impossible again, After all of what I had been through, I lost out on this one. The bright note is that, after trying to clean up my jaw for a YEAR (yes, I will be without a jaw-joint for at least a year), the surgeon who made my implants has promised he will create a mandible (lower jaw bone) for implantation. What a guy!
So, regarding the infections; finally, in April (the surgery date), the OMS did a lavage of my jawbone and found that it was full of the "normal mouth and skin flora", which is never suposed to there, and I had a serious strep infection of the bone (osteomyelitis). This SUCKS! I have a picc line into my arm and it runs into my aorta to deliver just one of the antibiotics I need to keep me alive. This is to stay for at least 6 weeks. The only problem is that, should we take me off of all of the antibiotics I am on, these infections and/or other bacteria/um will grow again and, I am totally screwed. I have found a couple of Oto-(ear) surgeons here and they are looking into my case- hopefully, they will be able to fix this ear of mine and I will no longer have a place for the buggers to get in! Thusfar, we are not there.
So, along with my PICC (I.V.) line, I have a pump which is carried around by me, day and night, in a fanny pack! Yes, ladies, I am bringing back the fanny pack and had my son take pic of me and my accoutrement just yesterday! Here ya go-- enjoy laughing at me as I have been laughing at myself. It's really okay! In fact, I'd prefer to hear jokes about how dorky I look as opposed to the "sorries".. I mean, that's cool but I don't think I can take much more pity at this point- heck, I have to fight this chit!
Oh, and my son took this pic when we were leaving to take HIM to the urgent-care clinic. Seems he went out last weekend and got into some poison-ivy.. And, he's seriously allergic to that stuff! So, as I cannot be around sick folk (the picc line needs to be covered as do I), I have to wear a mask out in public.. ain't I just lovely???
Say-- but I do have ONE question or am willing to get your opinions on something that's been nagging me.. Many people want me to sue the surgeon who created the fistulaes for me-- I am considering this, but, would certainly accept any and all insight that you may have for me! He screwed up; he ignored me when I asked him what was going on; I changed docs (thankfully as I am pretty sure I would be dead were it not for both of my teams of docs, in MA and TX).. Okay, let me know, if you would, please!!
Comments:
WOW, Krys.. NO, I had not heard your story- and do not worry about it being long. Yeesh! That's a helluva LOT of crap to go through and, as in MY case, all because one dick of a doc screwed up or simply failed to DO HIS JOB. I am SO sorry (as much as I said I hate those "sorries"..) but this is just messed up! I hope that some wonderful attorney (here maybe) reads this and can give you some sort of advice.
In MY case, the surgeon talked to me about placing bone-cement into the joint space after removal of prostheses.... well, I told him is was pretty sure I was allergic to the ppma (the acrylic used for bone-cement) and really thought it a BAD idea.. and, anyway, what was the point of it in my case? He had no answer but that he prolly would NOT do it. I never DID sign off on this part of the procedure, either. Well, he DID implant it and this crap was trying to work its' way ouf of my ear for 6 months-- breaking down the skin/tissue of the canal and causing me to be deaf on the right side.. just sucks that these guys are not being held accountable!!
Best wishes to YOU...
Oh, Anne, F*^* !!!! There no sorry, just Holy F*^* !!! Have you talked to a lawyer? I would at least talk to a good lawyer. Though don't hold out hope. I have heard it all in the past two years & it is not pretty.
Since May of 06 when Daddy died, I have just lost faith in any kind of justice when it comes to malpractice, it is as if there is no such thing anymore or at least what we normal people would expect. Hugh ! Where to freaking start.
Okay, before Daddy got sick. About 3&1/2 years ago Mom was still working. She was very high end in Real Estate. She had a job where she traveled A LOT !! Well she had one of her routine prescriptions filled, I think it was an arthritis med, one of her ones she takes a couple of times a day. Sorry I don't remember specific names. So she is traveling, flying on air planes, bla..bla..bla, & she just starts getting sick all the time with like flu symptoms. Put it off to working too much, traveling, bla..bla..bla. She is home has it re-filled & back flying away to work. Still sick, she finally collapsed in her hotel room & ended up in a ER in Raleigh Durham NC. A very young smart intern at the ER caught it or God knows what would have happened. Not only did the pharmacy fill her prescription with the wrong pills the first time, they did it twice with the re-fill. The label was all for the drug & dose for the pills that SHOULD have been in the bottle, but the pills in the bottle were a complete different drug, a dangerous cancer pill. Not only was she taking it, she was taking too much of it. The lawyers on THAT ONE said, " not only did she have to medically present with liver damage for life, but she had to present with a certain specific #% of liver damage for life before they could sue."
In May of 06 when Daddy died, he had a DNR, it was one of the fist things they filled out when they chose his Leukemia treatment. They did that paperwork at the original hospital where he was told of his condition & the next day he was taken via ambulance to a Magnet hospital that house him for 42 days giving him massive doses of Chemo. By all accounts it was working. He coded while we at work & BY LAW they did CPR because the dumb-asses that housed him for 42 damn days in his terminal condition, a MAGNET hospital no less, LOST his DNR order. So his last wishes were not even respected. THREE days on life support, flat-lining 3 EEG's & we had to say good-bye when we stood around his bed & turned it off. IT WAS NEVER SUPPOSE TO HAPPEN, HE DID NOT WANT TO BE ON LIFE SUPPORT !!! He did not want to do that to US or MOM !! Those were his dying wishes !! To make matters worse, Staph & Strep had invaded his heart & that is why he coded. They are listed above the Leukemia on his death certificate as to cause of death. Eight days later I stood by my mom & held her literally up as she put my bro on a plane to go fight in Iraq. The hospital's EXCUSE was the paperwork from the original hospital did not transfer. Don't even get me started !!! A doctor & a lawyer on THAT ONE said they are allowed to write off a certain % of clerical paperwork errors percentage hospital wise per year because quote, " we all know it happens." Ha !!
Fast forward to now & my mom has been hospitalized since SEPT 10th of this year til this very minute as I type she lays in the hospital, STILL - - without a dimes worth of health coverage, lost it when she lost Daddy, with what they have said are, " severe complications to a routine bowel obstruction surgery." Well no shit !!! They sent her home for 6 days around Thanksgiving with an open packed gut wound that would NOT heal with a suck-pump & line into the wound to drain infection, bandages to be changed daily & a colostomy bag. She collapsed in her bedroom & has been there every since to this day. Once again, don't get me started !! My Uncie contacted Mayo Clinic & then meet with a group of lawyers in Dallas & on THIS ONE they said, " IF the hospital or the surgeron is at fault, they are providing care & trying to heal her. There is no recourse unless she maimed for life or dies in their care."
2002 my son comes home with his bike, pushing it, he is crying, we get in the house, I take off his jacket, it looks like a damn cantaloupe has grown from the inside of his elbow & I am not a mom that is EVEN exaggerating. Bike wreck, ambulance ride to the ER, I see the X-ray, it looks like someone took a hammer & chiseled off a quarter sized circle of bone from his elbow. Hell even I knew his elbow was destroyed looking at it. They SEND him home with really no diagnosis & NO PAIN MEDS !! MUCH TO MY BITCHING PROTEST. They called security on me. We sleep at mothers house, I go on in & clock in at 5am by 10am she is on the phone saying the hospital called & stated they MISREAD the X-ray & to come back. Well no shit !! Two hours of surgery & two big ass pins sticking out his busted elbow for 8 weeks. He was 6 years old. I received a bill from the ER for $1500 for the night he was sent home. During a very nasty phone call on my part I was told that," that was for the use of their facility that night & the billing concurred with the diagnosis & thus surgery & treatment within the same 24 hour period at THEIR FACILITY !! " Once again on THAT ONE I was told, " he was treated properly & the mistake was found in a very timely manner."
So here is the just of it. Their asses are covered, they have their little secret way of covering each-others asses, the new laws protect them & the definition of medical malpractice was some how changed, probably in one of those F*^*ing twilight bills. & when push comes to shove, they don't have malpractice insurance, skip that, they have demon lawyers that go to work in the event of their little mistakes. Them paying malpractice insurance is just the medical terminology for malpractice lawyers, PLURAL standing in the wings ready !! I guess it is the equivalent of me waiting on you & you ordering a porterhouse at med-rare with a baked potato & I bring your ass a blackened salmon salad on romaine lettuce dry with lemon wedges.
Talk to an attorney, but don't be surprise with what you hear. At best you will be offered a settlement without the surgeon admitting fault & you will have to sign off on ANY & EVERYTHING for the rest of your life. & if you do find someone to sue, it will take years & the hospital bills & the lawyers will get all the $$. It is all that legislation that was passed years ago when they put caps on all the law-suites. That legal handy-dandy work was about a whole lot more than just capping law suites. Now I'll say I'm sorry. Even recently, Uncie spoke to the lawyers about JUST taking care of some of the hospital cost in mom's case, we didn't even want any $$ so to speak. They would not touch it. I guess they will if she dies. Who gives a shit if she has no place to live & her credit is ruined. I guess that just doesn't make a F*^*. She is not by medical definition maimed & thus far they have not took her LIFE, by medical definition. It's over, she is ruined, her spirit is gone, she will not get it back. My Fathers bills for his 60 day from diagnosis out the blue to death fight total over 1/2 a mil. We have not seen her itemized bills as of yet. How could we, she is still being billed as I type.
Shit! Your family (and you) have been through the ringer on this one! I don't really expect for anyone to take my case since malpractice suits are SO hard to prove.. the white-wall is strong. Still, if I do end up dying from this crap, my sister (the one in Boston who has had me at her house before and after these surgeries) wants so badly for me to sue, I think she would instigate a suit on behalf of my kids.. still; this is worrisome....
And, I gotta say; truly, I am bit scared about the DNR thing== when the PICC line was put into me, the hospital gave me another DNR form (though nobody told me that I had contracted a serious form of strep until I got home and my new infec-disease doc showed me the lab results).. and, when I checked in with my "new" infusium lab, they gave me yet another DNR form. I mean, what the hell are they trying to say? I know this is serious shit--- but, really. This is starting to scare the crap outta me!
In addition to suing him I would go buy the pointiest shoe I could find and ram it up his A*s!!! Oh and maybe find someone to pee in his coffee!
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I love the mask by the way its very sexy and mysterious!
hi, mom05.. well, I am really considering this and I DID finally hand-write a note to the awful sugeon just a few days ago. What precipitated this was his sending me a bill for the full 30k for removing my joiints (and screwing up my ear).. His office never did bill my insurance though I had given them all of my info more than once. So, screw HIM.
I need to get my thoughts together, though, in order to remain CALM and get him to send to me (or my BIL who used to read cases for insurance companies and decide if they should pay).. HE wants to get this guy, for sure--- and he is a surgical PA.. so, he does know about this stuff. Yeah, I am leaning the filing suit way; just have not made up my mind for sure (yet)..
Oh, anne...wish I could grab you up and hug on ya. Plus, I'd like to kick some serious ass on your behalf.
I get that thing about the sorries...sometimes when you are thick in the fight that's how you need it to be. Power on, woman, and keep on keepin' on...sending some tough strong bitch strength power and stamina your way.
aw sweety--so sucks! you really should check into starting a case. you shouldn't have to just absorb the complications he's added to your condition and to your recovery. he should be held accountable. your pain and suffering shouldn't be shrugged off with an oops and an apolgy.
hang in there lolita-chiquita!
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Warning....this is a long story..... :-) If you are not familiar with my story from previous posts, I had a baby boy, Aiden, in October 2006. The cord wrapped around his neck and he died. Full term, perfectly healthy. The surgeon performed a tubal ligation during the c-section because I had already signed the consent papers months earlier...not knowing the outcome.
Any way...my quest to get pregnant is not working....:
Why is is so hard to hold Dr.'s accountable?
It's just so frustrating. The first doctor (Couvaras) totally lied to me. He said he was going to do in-vitro on me. He wrote out all of the prescriptions...$4,000 worth. We signed all of the legal paperwork....he did several ultrasounds and blood work. He billed my insurance. He INSISTED that he had to do surgery 1st to clean out all of the scar tissue and adhesions on the OUTSIDE of my uterus. My uterus, ovaries, fallopian tubes, bladder, and intestines are all grown together and it is causing a lot of problems. He SAID he was going to cut everything apart, move my uterus back to the middle and sew a mesh screen over it to hold it in place while it healed. In addition, he said he was going to enter from the outside, up through my vagina, and sew a bag of water to my cervix and let it hang out between my legs. The intent was to pull down my too high cervix with the weight of the bag.
Anyway...he did the surgery. It was supposed to be outpatient, but I woke up in a hospital room. No one knew why. The nurses kept trying to give me vicodin and darvacet. I am allergic to all painkillers except percocet. They make me puke...not good after abdominal surgery. I told Couvaras that!! The nurse called him and he claims he gave me a prescription for percocet the day before in his office. Wrong. She called him again. Then he claims he gave me a bottle of percocet. Wrong again. First, if I had a bottle of percocet don't you think I would be taking the freak'n things instead of laying there in pain!!?? Second...Dr.'s just don't hand out narcotics in their office. They are controlled by the FDA and there is ALWAYS a prescription and a paper trail for EACH tablet or dose. AND he NEVER came back to see me or called to check on me. AND there was NO bag hanging out of my hoo-ha.
The next day, after being released from the hospital, I started taking the birth control pills that he prescribed. This is the first step in the in-vitro process. According to his directions, I was suppossed to insert them vaginally instead of swallowing them like a normal person. I thought this was weird so I called his office. His nurse asked why I was taking bcp's and I said because of the in-vitro. She told me that Couvaras was NOT doing in-vitro on me. She even went and asked him and he claims it is not possible to do in-vitro on me and he NEVER planned on doing in-vitro on me. WTF??!!
Then why do I have all of the signed documents? Why did I have all of the ultrasounds and blood tests that he billed my insurance for? Why did he write me prescriptions for injectable hormones? Why did he prescribe bcps? AND mostly..WHY did he perform the surgery?
I haven't seen or heard from him since!!!!! I have tried repeatedly to get my records. My doctors have tried...my insurance has tried. NOTHING!!
So...2 weeks later I go to a new doc....Johnson...love him!! He did in-vitro on me no problem. However, he was not able to see or reach my left ovary. Therefore, he was only able to retrieve eggs from the right side. Johnson asked about my surgery because he could see NO evidence of ANY surgery. There was NO mesh...and everything was still mushed together...WTF??
The in-vitro didn't work. $18,000 down the drain!! Maybe it would have worked if Couvaras would have actually DONE something, but at this point I still didn't know that Couvaras didn't do anything.
So....Johnson and I decided my best option was to have surgery to sew my tubes back together. This is under the assumption that Couvaras had already cleaned out all of the scar tissue and fixed everything...LIKE HE CLAIMED HE DID!!! The only report I have from that surgery is from the hospital and Couvaras claims he did 'extensive' surgery. Again, WTF??
So...I fly to North C. to get my tubes repaired. Again...Dr. Berger (surgeon) is basing his opinion on the hospital report from Couvaras's surgery. So Dr. Berger does surgery and in the recovery room tells me that he was NOT able to repair my tubes. He felt sooo bad!! He is such a wonderful man!!! The SOLE reason...he could not reach my tubes because of all the scar tissue and everything being stuck together. He said he tried and tried. He said he probably should have stopped sooner, but he didn't want to give up. He cut and cut and cut. Finally, Dr. Berger had to stop the surgery for safety reasons. He was afraid of causing damage to my bladder and intestines. Dr. Berger NEVER would have attempted surgery on me had he known that all the scar tissue and stuff had NOT been removed. Couvaras LIED!!!
Dr. Berger says that repairing my tubes IS possible, but it would have to be done in-patient in a hospital with an ob/gyn surgeon, a urology surgeon, and a general surgeon. It is too extensive of a surgery to be done outpatient. Another $7,000 down the drain!!!
So, because that lying bastard Couvaras NEVER did a damn thing to me, I had a failed in-vitro and a failed tubal repair surgery. In addition to TWO wasted surgeries, a failed in-vitro, and $25,000 down the drain...I now have to undergo ANOTHER surgery to clean out all of the scar tissue and free up my organs (again!!) AND another surgery after that to try to repair my tubes (again!).
I have talked to several malpractice attorneys, but they don't want to take my case because it is too hard to PROVE!! There is just NO excuse for him (Couvaras) looking me in the eyes and LYING!! But how do I prove it??? This man has caused me so much pain...not just physically, but emotionally and financially!!! What a dick!!! Now I am out of money!! He wasted my time, my money, and pretty much ruined my chances of having a baby. I can try in-vitro again, but I don't have another $12,000. I will be paying off my loan for the first in-vitro and the surgery until I am 71!!! NO SHIT!!! $396 a month for the next 30 years!!!
Anyway....that's my story....I'm so angry, sad, dissappointed, frustrated, etc. Not very good company right now.
- krystawitt
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