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Is this a malpractice case?



googlemail2003@yahoo.com
12/27/2004 5:22:02 PM


I have been in constant pain for two years. This pain started two days
after a physical therapist did a spinal adjustment on my back. I had
no idea what he was doing at the time. When I asked he said he was
"straightening things out". Two days later my back went into huge
spasms and I have been in pain ever since.
I have spent many thousands on chiropractors, acupuncture and
medications. I have had many tests and many painful treatments.
Nothing has helped.
I am unable to sit in a chair for more than a few minutes. As a result
my husband and I have had to cancel vacation trips and are unable to
even go to a restaurant. We hardly ever see our grandchildren because
they always have to come to us.
Aside from my pain our lives have been awful.
I spoke to a malpractice lawyer and he said it was malpractice but not
a big enough case to make it worth taking. Does that sound right?
 
 
"Christopher Green"
12/27/2004 6:47:01 PM


There can be all sorts of reasons why a malpractice case is valid yet
not worth pursuing. Some of these are:
You may have signed an arbitration agreement. These often stand up.
The statute of limitations may have run, or is about to run before a
case can be mounted. These can be as short as a year from when you
"knew or should have known" of the problem.
The state may have harsh limits on non-economic damages such as pain
and suffering or loss of consortium, or dilatory procedures such as
mandatory mediation.
The likelihood of proving malpractice may not be sufficient to justify
pursuing the case. If there isn't an easily provable connection between
the PT's incompetence and your subsequent pain, the difficulty of
proving your case goes up, and the probability of proving it
successfully goes down. Especially if you were receiving treatments
that the opposition experts can claim are dubious (chiropractic and
acupuncture are easy targets), they could cast enough doubt on whether
your pain was due to the PT or the lack of proper treatment to ruin
your case. Lawyers have to look at the likelihood of success and the
probable payout in order to justify taking a case on contingency; if
the odds aren't there, they can't take the risk.
It sounds to me like whatever happened has gone well beyond what any
chiropractor or alternative-medicine type is competent to treat. Did
you get a proper diagnosis (which would almost certainly include X-rays
and MRI studies)? And have you seen at least an orthopedist and
preferably a neurologist about it? You don't have to answer, but in
your shoes I would think about seeing these specialists.
--
Not a lawyer,
Chris Green
 
 
googlemail2003@yahoo.com
12/28/2004 4:49:50 AM


In my state the statute of limitations is three years.
I was not seeing anyone but the PT at the time of the injury.
I have had many diagnostic tests (MRI, several x-rays, Facet Block,
epidural injections, trigger point injections). They all indicate that
the problem is "soft tissue" and not structural or neurological,
therefor an orthopedist or neurologist is not indicated. I have been
going to a local Pain Clinic.
To compound my misery is the latest news on the problems with pain
medications.
Christopher Green wrote:
There can be all sorts of reasons why a malpractice case is valid yet
not worth pursuing. Some of these are:
You may have signed an arbitration agreement. These often stand up.
The statute of limitations may have run, or is about to run before a
case can be mounted. These can be as short as a year from when you
"knew or should have known" of the problem.
The state may have harsh limits on non-economic damages such as pain
and suffering or loss of consortium, or dilatory procedures such as
mandatory mediation.
The likelihood of proving malpractice may not be sufficient to
justify
pursuing the case. If there isn't an easily provable connection
between
the PT's incompetence and your subsequent pain, the difficulty of
proving your case goes up, and the probability of proving it
successfully goes down. Especially if you were receiving treatments
that the opposition experts can claim are dubious (chiropractic and
acupuncture are easy targets), they could cast enough doubt on
whether
your pain was due to the PT or the lack of proper treatment to ruin
your case. Lawyers have to look at the likelihood of success and the
probable payout in order to justify taking a case on contingency; if
the odds aren't there, they can't take the risk.
It sounds to me like whatever happened has gone well beyond what any
chiropractor or alternative-medicine type is competent to treat. Did
you get a proper diagnosis (which would almost certainly include
X-rays
and MRI studies)? And have you seen at least an orthopedist and
preferably a neurologist about it? You don't have to answer, but in
your shoes I would think about seeing these specialists.
--
Not a lawyer,
Chris Green
 
 
googlemail2003@yahoo.com
12/28/2004 4:54:12 AM


One more question:
I have often been tempted to write a letter to the director of the
hospital where this physical therapist worked to tell them of my
experience. Is this a good idea? Would doing that help or hurt a
future case (assuming there ever was one)?
 
 
"oldal4865"
12/28/2004 9:31:10 AM


googlemail2003@yahoo.com wrote in message
<1104196922.138948.23170@z14g2000cwz.googlegroups.com>...
I have been in constant pain for two years. . . .snip. . .
Two days later my back went into huge
spasms and I have been in pain ever since.
I have spent many thousands on chiropractors,
acupuncture and medications. I have had many
tests and many painful treatments.
Nothing has helped. . . .
Chiropractors, acupuncture and medications do very little for "spasms".
Spasms tend to be a problem with a imbalance between muscles, usually
because some muscle or muscle group is a bit weak for the job it has to do.
(It may be a "normal" muscle which is strong enough for the "normal" job
expected of the muscle but is inadequate to deal with extra work caused by
bad posture or some other problem)
If you really have "spasms" (who knows), the principal therapy is
Directed Exercise to build up the strength of the problem muscle(s).
When I was in my middle 40's, I developed crippling spasms in my back. My
life was essentially shut down and I was looking at disability retirement.
I made the rounds of the doctors and had the X-Rays. They finally sent
me to a really good Physical Therapist. The P.T. gave me a set of
exercises whose pain level was astounding.
However, I persevered. (No College education for my kids if their father
was a Disabled retiree. A lot was resting on the outcome!).
I ended up:
a. Going to an exercise center at 10 p.m. each night.
b. Taking a pain pill
c. Doing the exercises
d. Taking another pain pill
e. Going home, taking a sleeping pill,
It took 6 months but I broke through and finally beat the spasms.
I now do the exercises on a weekly basis. I have found that a six-month
vacation lets the pain come creeping back.
I have had two other similar (but lesser) episodes in the last 20 years; a
shoulder problem and a calf problem. I found another good P.T. and his
exercises solved both problems.
The shoulder problem taught me a valuable lesson. I did what I thought
were the exercises over a month-long period but they wouldn't work. During
a follow-up, he found a flaw, I had one of the angles wrong. Doing the
critical exercise correctly knocked out the pain over a single 3-day
weekend.
Regards
Old Al
 
 
googlemail2003@yahoo.com
12/28/2004 5:21:53 PM


Thanks for the suggestion but I wasn't kidding when I said I've tried
it all.
I swim 3/4 mile every single day. I walk 1.5 miles every single day.
I do a full set of back strengthening exercises every morning - takes
about 45 minutes, and yes some are quite uncomfortable. I've been
doing all of the above for 20 months. If it wasn't for the exercises I
think I would have become so depressed that I would never get out of
bed.
oldal4865 wrote:
googlemail2003@yahoo.com wrote in message
<1104196922.138948.23170@z14g2000cwz.googlegroups.com>...
Chiropractors, acupuncture and medications do very little for
"spasms".
Spasms tend to be a problem with a imbalance between muscles,
usually
because some muscle or muscle group is a bit weak for the job it has
to do.
(It may be a "normal" muscle which is strong enough for the
"normal" job
expected of the muscle but is inadequate to deal with extra work
caused by
bad posture or some other problem)
If you really have "spasms" (who knows), the principal therapy
is
Directed Exercise to build up the strength of the problem muscle(s).
When I was in my middle 40's, I developed crippling spasms in my
back. My
life was essentially shut down and I was looking at disability
retirement.
I made the rounds of the doctors and had the X-Rays. They finally
sent
me to a really good Physical Therapist. The P.T. gave me a set of
exercises whose pain level was astounding.
However, I persevered. (No College education for my kids if their
father
was a Disabled retiree. A lot was resting on the outcome!).
I ended up:
a. Going to an exercise center at 10 p.m. each night.
b. Taking a pain pill
c. Doing the exercises
d. Taking another pain pill
e. Going home, taking a sleeping pill,
It took 6 months but I broke through and finally beat the spasms.
I now do the exercises on a weekly basis. I have found that a
six-month
vacation lets the pain come creeping back.
I have had two other similar (but lesser) episodes in the last 20
years; a
shoulder problem and a calf problem. I found another good P.T. and
his
exercises solved both problems.
The shoulder problem taught me a valuable lesson. I did what I
thought
were the exercises over a month-long period but they wouldn't work.
During
a follow-up, he found a flaw, I had one of the angles wrong.
Doing the
critical exercise correctly knocked out the pain over a single 3-day
weekend.
Regards
Old Al
 
 
"Christopher Green"
12/28/2004 8:19:39 PM


I feel for you. My wife has had chronic back problems, has exhausted
all conservative treatments, and is now awaiting surgery. People who
don't have this kind of pain don't know how debilitating it can be.
There are two basic problems with pursuing a malpractice case of any
kind. The first is that physicians of any kind don't guarantee the
results of their procedures; all they can do is perform them
competently, with the knowledge, skill, and care expected of someone in
their position. The second follows from the first: proving malpractice
means proving that the care afforded you fell short of that competence,
and only expert testimony can accomplish this. Lining up expert
testimony to prove malpractice is a lot of work, even for an attorney
who does this regularly.
Some questions to think about:
Was the "adjustment" something you had given informed consent to: did
the PT explain what it was for and how it was to work, and obtain your
consent to proceed with it? Lack of informed consent is often a
foundation for a malpractice case.
Was the procedure something that was a suitable treatment in light of
your complaint and what findings had been made up to that time? What
have other physicians you have seen said about it?
And make sure you really understand your state's statute of
limitations. Sometimes it runs "three years from the date of injury, or
one year from when you knew or should have known, whichever occurs
sooner".
By the way, the one modality that has been helpful for my wife was
water exercise. Not just swimming, but specific therapeutic water
exercises. If there's a water exercise program available to you, check
it out. Good luck.
--
Not a lawyer,
Chris Green
 
 
googlemail2003@yahoo.com
12/29/2004 5:33:21 AM


Thanks Chris.
Actually what makes me so angry is that I very specifically told the
therapist that my physician said he did NOT want any spinal
manipulation done. That's why he did not want me to go to a
chiropractor at that time. The therapist thought that was very wise of
my doctor.
When he went to "straighten things out" he never told me what he was
going to do or why. The only reason I know is because he was pushing
extremely hard on my lower back and I wondered why. That's why I asked
him what he was doing.
Another possible problem - I have a copy of my medical records. His
notes say nothing about this treatment so it would be my word against
his.
It's just that he has ruined my life and I feel so helpless and angry.
Please tell you wife I hope she has success in her surgery. I know she
knows just how I feel, and I her. It's tough on you too I know.
Feeling helpless when someone you love is in pain is horrible.
Christopher Green wrote:
I feel for you. My wife has had chronic back problems, has exhausted
all conservative treatments, and is now awaiting surgery. People who
don't have this kind of pain don't know how debilitating it can be.
There are two basic problems with pursuing a malpractice case of any
kind. The first is that physicians of any kind don't guarantee the
results of their procedures; all they can do is perform them
competently, with the knowledge, skill, and care expected of someone
in
their position. The second follows from the first: proving
malpractice
means proving that the care afforded you fell short of that
competence,
and only expert testimony can accomplish this. Lining up expert
testimony to prove malpractice is a lot of work, even for an attorney
who does this regularly.
Some questions to think about:
Was the "adjustment" something you had given informed consent to: did
the PT explain what it was for and how it was to work, and obtain
your
consent to proceed with it? Lack of informed consent is often a
foundation for a malpractice case.
Was the procedure something that was a suitable treatment in light of
your complaint and what findings had been made up to that time? What
have other physicians you have seen said about it?
And make sure you really understand your state's statute of
limitations. Sometimes it runs "three years from the date of injury,
or
one year from when you knew or should have known, whichever occurs
sooner".
By the way, the one modality that has been helpful for my wife was
water exercise. Not just swimming, but specific therapeutic water
exercises. If there's a water exercise program available to you,
check
it out. Good luck.
--
Not a lawyer,
Chris Green
 
 
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