View Full Version : Mean Doctor, Can I sue???
JAVISI
12-05-2006, 05:22 PM
Dear friends,
I have a lot of stomach problems. I have finally been diagnosed with H-PYLORI. When I WENT TO SEE THIS GASTROENTEROLOGIST. HE DID A COLONOSCOPY, I told him that My body does not react to Versed due to the amount of clonopin I take. He gave me a small dose, I cried and felt everything. He was almost what I would consider sadistic, he then proceded to do an endoscopy. HE DID NOT NUMBG MY THROAT. I FELT LIKE I WS GOING TO CHOKE. Since then I have lost my gag reflex and have had to be hospitalized with aspiration pneumonia!! I now have to have a G-TUBE inserted.
Do I have a case???
Thanks bunches Javisi:(
Cry Tears
12-06-2006, 03:27 AM
I sure hope he changed hoses after the colonoscopy!
The colonoscopys can be painful if you're not completly asleep. Thats why I say a good gastroenterologist should be the only one who does them. My gastro is very gentle! I'm always asleep despite my taking loads of medications.
Completly detest the numbing spray....and I'm always given the option of not having it.
I have Crohns disease, so I must have these done quite often.
I have NEVER had both of those procedures at the same time.
And I have woken up during one of them....it was nightmarish and very painful.
I was not taking any medications at that time.
If I were you I would consult an medical attorney familiar with these type medical procedures.
If he damaged you in any way, you may have reason for recourse.
I'm sorry you have problems...and I hope you didn't mind my finding humor in what you wrote.....I've had so many of these procedures....anything to laugh at these is fair game to me these days.
Hope you're doing better by now. Cheryl
Tbackpain1
12-06-2006, 10:56 AM
Javisi,
If it were me, I'd ask for a complete copy of my records for the procedure. Was this performed at an out-patient surgical center, either one affiliated with a hospital, or owned/run by a group of physicans? Before starting to consider legal actions (which I'm not sure would be possible in this case), I would address the issues you have with what was done with the management of the facility. If you get no response from them, then I'd start moving up the "chain of command" so to speak.
One can't sue just because a doctor has a bad attitude. I understand about the hurt feelings, and having to go through the physical problems you're having now...I just don't know if the problems you're having are directly related to the procedure.
Take care of yourself hun. Keep your head up.
Theresa
Cry Tears
12-07-2006, 01:30 AM
I' think going up the chain of command connected to the doctor will only give you excuses as their main objection is protecting their doctors.
If you suffered damage from such procedure an attorney familiar with these type injuries would be leaning more towards protecting YOU and not the doctor!
They may get you to sign a release as they state sorry for a "problem" you may have encountered and you may make statments that could damage your claims.
But thats just my humble opinion from exerience with a bad doctor with very poor practices/procedures.
cheryl
JAVISI
12-07-2006, 10:02 AM
Thank you for all of your support. I have had 3 colonosocopies and 3 EGD's. So I do understand the premise of joking about it, if I didn't I think I would cry!
I am a R.N unable to practice due to Myoclonal cerebellar ataxia. But before I became ill I had to help with EGD's to get a certificate in conscious sedation. In the hospital I worked at our Sugeon made sure you were comfortable. It just seemed so barbaric and just plain mean!
I knew the Nurses knew it was wrong what he was doing because, the head Nurse came in and talked to me, Then the Doctor came in and made a appoligy of some sort.
I gotta go. I have to see the pulmonologist again for the beginnings of pneumonia!
Thanks again!:D Javisi
Buttons2
12-11-2006, 02:53 PM
Javisi, hi there! I asked around about you when we finally got BT back,just happened to see your name so wanted to welcome you back!
Sorry you are having so many problems,hang in there OK?
My guess on whether or not you could sue would be something to ask an attorney. They won't bother unless there's a case, some will provide a free consultation. Did this happen at the hospital you used to work at?
Take care,Buttons
Zonulin
12-14-2006, 11:49 AM
At the very least, you should file a complaint with your state medical board. You will need dates and as much information as you can provide - you will need to find out which statutes were violated and state them specifically in your complaint. If I were you, I would make an appointment with an attorney re both the state board complaint and a possible lawsuit. That doctor sounds like a real SADIST, and it is terrible you had to endure his outrageous behavior.
My son had H. pylori, but they found it with a blood test - I've never heard of finding it with a colonoscopy because it's a bacterium that lives in the stomach lining - NOT the colon or even the small intestine...His gastroenterologist said he will need to be checked for reinfection every other year (once you have it, you are more vulnerable to getting it again. And again.) That should be done using a non-radioactive urea breath test which will need to be done in a doctor's office. You can only use a blood test once, because H. pylori leaves a "footprint" in your blood that will last for a lifetime (much like the polio virus does). It also ultimately causes stomach cancer, which runs in my family.
You might come down to the gluten sensitivity/celiac forum on braintalk and read the "stickies" at the top - there is a lot of new research re ataxia and gluten. Dr. Hadjivassiliou in the UK is the researcher who has published a number of studies in PubMed re gluten/ataxia/neurological symptoms. They are discovering that gluten (the protein found in wheat, barley, oats and rye) is able to break through the brain/blood barrier and really wreak havoc. If you have a "leaky gut" or IgA Deficiency, you need to know that what you eat has the potential to travel throughout your body and cause many health problems, including autoimmune diseases (depending upon your genetic predisposition). Of course most gastroenterologist don't know this yet. Dr. Fasano (gastro) at the Univ of Maryland is working on a drug called AT 1001 which will help people with "tight junction dysfunction" who suffer from various autoimmune illnesses, such as diabetes, lupus, Multiple Sclerosis, fibromyalgia, celiac disease and others...
JAVISI
02-08-2007, 01:21 PM
Dear Friends,
I am sorry my reply is so late. I have been so sick. I had another bout of pneumonia in both of my lungs. Then I got the G-Tube placed and when the Dr. did it he accidently cut a peice of my intestines. I went into septic shock 2 days later, I am still trying to recuperate from this.
I am having chronic infections around my tube. My cerebellar ataxia and myoclonus made me so tired anyway, now I am extremely tired. I just got a divorce and my son is in jail for a DUI, Flight to avoid arrest, assault on a police officer. So it seems I have more than I can handle right now!
Thank you for all your replies! Buttons I sure have missed conversing with you! And no this did not happen where I worked. I have had a colonoscopy and EGD there and they understand my condition and would wait until I was sedated enough to start the procedure. Thanks again, Javisi;)
Buttons2
02-09-2007, 12:34 PM
Javisi, well I always figured you were tough! Just think of all you've been through this past year-wow. Glad to hear the divorce is over,sorry about your son's problems though.
You need a break! Just a wee bit of time of no crisis!
Hey, did you keep the Great Dane?
Wish you didn't have so much bad luck with medical procedures,your future had got to get better right?
Hang in there
BIG HUG,Buttons
JAVISI
02-12-2007, 05:06 PM
Buttons,
I am sorry to say I couldn't bring the Great Dane with me. With my balance problems, she would knock me over. She always wanted to lean on me:(
I have been fighting to stay alive between the pneumonia's and the sepsis. I fought hard because none of my kids were there and I knew that I couldn't die without seeing them and talking to them first!
My Doctors say that I am very lucky to be alive. I have tried so hard to keep a positive attitude through all of this but it seems that depression has won quite a few times here lately. It has really made my disorder so much worse. But I will continue to fight, when you almost die, living is so much more appealing!
Thanks for your support!
Love, Javisi;)
JAVISI, I can relate to your bad experience with doctors. That's why I haven't been to one since 1996.
My state has a Physicians Board of Registry. Make a complaint to them if you can. I got a personal interview from their rep, who traveled over 100 miles to my home to hear and investigate my case, resulting in swift and just action.
Mott
JAVISI
02-19-2007, 01:20 PM
Mott,
Thanks for info. I find it sad that Doctors seem to be able to get away with this type of abuse. I realize that they are only people and mistakes do happen but this was sadisticle and just plain mean. I have been so ill this past year that I am just now geating back on my feet and am almost ready to fight this injustice and negligence!
Thanks for that support, Hope you are doing well.
Sincerest Thanks, Laurie:)
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