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View Full Version : Medical Negligence?


Hoosier Mama?
10-06-2006, 12:33 PM
Let me apologize in advance for the length of my post, but I need to give an adequate background in order to get the best feedback. I'll try to keep it as concise as I can.

Born with spina-bifida and scoliosis, I was lucky in that it didn't really effect my life...I could run (three miles a day!), carry kids on my shoulders, worked in a furniture factory for many years. When I was 10, I had hardware put in, with no adverse effects.

When I was 30, and still asymptomatic, I thought I'd better go in for a check up...just maintenance, no specific complaints to speak of. They told me I had tethered cord syndrome (never heard the term until then), and was surprised that I wasn't told this from an early age. They said it required surgical intervention or else I would eventually lose the function in my legs. Back then, I trusted doctors explicitly, and never questioned their expertise...so I agreed to the surgery. They brought in an ortho surgeon, who felt that the hardware should also be removed.

From that point on my life changed in the following ways: I had to quit working and go on Disability, I had to start self-cathing, and use a single-point cane to ambulate.

Fast forward to '03...I was then 45...I find that my cord has re-tethered (once an untethering is performed, it's a given that it will eventually re-tether, due to the formation of additional scar tissue)....this time I do have serious symptoms and was losing leg and bladder/bowel function (I now know that this should be the main determining factor in a decision to treat tethered cord with surgery).

This surgery lasted 12 hrs., then five days later, another 12 hr. surgery to replace hardware. I am now an incomplete para, resulting from a suspected spinal cord stroke shortly after surgery. The reason the first surgery took so long, is because when they got in there, what they saw under microscope was "daunting"....thousands of tiny shards of bone were free-floating in my spinal fluid, acting like little scissors on my cord everytime I moved. My NS said he was astounded that I wasn't already paralyzed in both legs by this time. So they began the tedious process of picking out each fragment via microscope...NS said it was like "eating an elephant...you just have to take one bite at a time".

I asked the good doc if this could be caused from bone degeneration...he said 'no'...I asked if this could be resulting from a shoddy surgery in '87...he said, 'that's a good question...and one I'd want to find out if I were you'. (you know how these doctors are...they merely hint at stuff like this. Professional loyalty, and all that.)

Then I discover (when reading through my medical reports 17 yrs. later) that when they removed the original hardware in '87, they reported that I had a failed fusion. Knowing this, they did not re-fuse or replace my hardware with anything (and my scoliosis is considered to be severe, so I should've had something put in for support). Without support, my scoliosis progressed, placing further stresses on my already tethered cord, stretching it to the size of a chopstick.:eek:

The surgery in '87 set in motion a domino effect of problems that continue to this day, and will most likely eventually result in total paralysis, as I'm slated to have yet another de-tethering...it just goes on and on. :rolleyes:

Okay, so now for my main question....ta-dah!:rolleyes: (thanks for sticking with me so far!:) ) Does this sound like medical negligence to anyone? And if so, I know the statute of limitations has run out, yet the 'point of discovery' was only three years ago. There are a lot of other ramifications from that surgery in '87 that I won't bore you with, but suffice it to say...they all suck!

I'd appreciate any info, thoughts, brainstorming you can offer up. Thank You All!

Jill
10-07-2006, 09:13 PM
Oh my, I am so sorry for everything that you have endured. :( I am no authority, but it sure seems that you should at least make an appointment with an attorney that specializes in medical cases to see if he/she thinks there is any chance you have a case. It sounds like the doctor probably agreed that it may have been from bad surgery.

I am new to all this terminology--do you mind telling me what an "incomplete" para means? Does it mean you have weakness on one side from the suspected stroke but you are not completely paralyzed?

Good luck on finding the answers you seek. You are definitely a strong and smart person to have put all of this together. You are amazing.

Meg1
10-07-2006, 10:36 PM
Hoosier Mama, I'm sorry to hear about your troubles--so sorry, in fact, that I did a little research which, unfortunately, did not bring good news. The statute of limitations for medical malpractice in Indiana is two years. If you are a Hoosier mama only by allegiance or maternity and actually live in another state, you may be in luck, depending on when in 2003 the error was discovered and what state you were/are living in. I found a few states that have three-year statutes of limitations for medical malpractice but none with SoL's longer than that (there may be some, I didn't check them all). Consult the following URL for general information but to be sure you need to (very quickly) contact a local lawyer who specializes in medical malpractice.

http://www.medicalmalpractice.com/medical-malpractice.cfm/Article/1976/Medical-Malpractice-Statute-of-limitatio.html

More info here on medical malpractice in general with some specific state info:

http://www.wrongdiagnosis.com/malpractice/overview.htm

Good luck.

Hoosier Mama?
10-10-2006, 09:37 AM
I'm having problems keeping logged in for some reason...I had replied two days ago, but it's not here.:confused:

Anway, thank you both for your replies. I appreciate it very much. This has been something that's been eating at the back of my brain lately, and I've been putting off consulting with an attorney because, physically, I don't know if I'm ready for it. But one consult wouldn't hurt, and then at least I'd know that I gave it a fair try. I have enough regrets...don't want to add on another!:rolleyes:

Again, thank you....:)

Hoosier Mama?
10-11-2006, 09:34 AM
I am new to all this terminology--do you mind telling me what an "incomplete" para means?

Sorry! I forgot to answer your question, Jill.:o

"SCI can be divided into two types of injury - complete and incomplete. A complete injury means that there is no function below the level of the injury; no sensation and no voluntary movement. Both sides of the body are equally affected. An incomplete injury means that there is some functioning below the primary level of the injury. A person with an incomplete injury may be able to move one limb more than another, may be able to feel parts of the body that cannot be moved, or may have more functioning on one side of the body than the other. With the advances in acute treatment of SCI, incomplete injuries are becoming more common."

Jill
10-29-2006, 12:10 AM
Thank you so much for the explanation, Hoosier Mama. Many good thoughts still being sent your way.