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Old 04-17-2016, 09:57 PM
  #26  
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Holy Crap Mike!
I'm really sorry to here that. Any optimistic prognosis for regaining any sensation or control?
Old 04-17-2016, 10:18 PM
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Originally Posted by Mr. J
Holy Crap Mike!
I'm really sorry to here that. Any optimistic prognosis for regaining any sensation or control?
Doesn't look that way. I've been seen since the surgery by the Mayo Clinic here in Jacksonville and they put the window on any possible recovery at 18 months. We're at 12 months now with zero change so our guess is it's permanent.

There's no therapy or treatment. Plus the issue the surgery was intended to resolve wasn't affected at all. Didn't even need it. But at least it's only on one side. Often with CES its both, with bladder and bowel issues, and total loss of sensation, so I'm grateful it isn't worse. But yeah, life changing either way.
Old 04-18-2016, 07:27 PM
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Surgeon fxxxed up!

Originally Posted by Mike5215
I actually have a little medical malpractice case going on. Surgeon doing my back surgery last year slipped the drill and tore the dura (the protective sheath for the spinal cord). Not uncommon, usually not a big deal.

But when he tried to suture the dura it kept shredding. So he put a patch on it, which had to stay free of spinal fluid for three days while it took. Not a big deal. They put a temporary spinal fluid drain in and I had to lay flat on my back for a week in ICU so the drain could be monitored. A drag but whatever.

On the 3rd day I realized I had no sensation on the left side of my junk. Told the attending doc, he just shrugged his shoulders. Later that night I explored further and realized I had no sensation on my left side trunk at all. Told the night nurse and requested a neuro consult. He told me the neurology staff had all gone home for the night.

Told my surgeon the next morning. He wrote it off as post surgical swelling compressing some nerves. No exam, and no tests. The next day I realized I couldn't urinate. My surgeon was puzzled but not concerned, gave me a temporary cath and pee bag and discharged me. Told me to follow up next week with my urologist.

What had actually happened was the spinal drain had become positioned to where it was compressing the nerves that provide genital sensation and bladder function. It's known as Cauda Equina Syndrome. If the compression is relieved promptly, it's reversible. If not, it's permanent.

So now, at 55 and otherwise healthy, I need to catheratize myself 4x a day to pee, and have no sensation on half my pecker, which I gotta tell ya can really curtail your sex life. My wife is in her 40's.

Anyway, I have a little med mal case going against the surgeon and the hospital for failure to diagnose CES.
So sorry that you had to go (still) through such an ordeal. I hope you make that surgeon PAY for his/her (malpractice) mistake.
Old 04-18-2016, 07:56 PM
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Since we're off topic, it is pretty insane to me how the litigation system is in the U.S. So different from how we do things in Canada. I find things to be so exaggerated in the U.S. - in Canada, you get in an accident, healthcare is free anyways and you can sue for time lost from work, and for any actual financial loss. Most people won't go any further than that, and if they do, the judge does not award insane amounts like in the U.S. There is still remuneration for pain and suffering, but nothing on the scale that you guys get and it is usually regulated/capped based on the injury, etc.

It seems like the amounts awarded are often excessive in the U.S., to the point where it encourages frivolous lawsuits to appear for someone to get rich quick(and often be successful). Different mentality for sure!

Certainly don't mean that Mike or OP's cases don't have merit - not what I'm saying at all... Just commenting on some of the comments that refer to the process of suing for pain and suffering...
Old 04-18-2016, 08:28 PM
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Yeah it's pretty backwards here. A whole industry exists to work up auto accident claims. Lawyers and chiropractors working together funnel clients to each other. To collect pain and suffering from an auto accident you must be left with a permanent impairment, so chiropractors oblige by treating people with heat packs and neck massages.

Then when the "victim"s medical payment coverage is exhausted, the chiropractor writes up a report granting an impairment rating which clears the attorney to collect from the at fault drivers insurance. They send the carrier this huge demand for the policy limits (whatever those limits are..$10k, $50k, $100k, doesn't matter.)

Three months later the case settles for $7500 or so, the lawyer keeps a third, the chiropractor got $10k from his own patient's medical payment coverage, and the plaintiff nets a few grand.

That's why there is a continuous stream of auto accident attorney ads on TV. Gotta keep the whiplash injury pump primed. These firms have huge overhead.

Not all cases are throw away soft tissue of course. Real documented injuries with treatment by actual doctors are taken seriously. Or at least I took them seriously.

Medical malpractice is much tougher. You need a peer review by another specialist in the same field who is willing to testify against another doctor. Few are, and without one you cannot proceed.

Last edited by Mike5215; 04-18-2016 at 08:39 PM.
Old 04-21-2016, 12:05 AM
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Originally Posted by nvestr
Since we're off topic, it is pretty insane to me how the litigation system is in the U.S. So different from how we do things in Canada. I find things to be so exaggerated in the U.S. - in Canada, you get in an accident, healthcare is free anyways and you can sue for time lost from work, and for any actual financial loss. Most people won't go any further than that, and if they do, the judge does not award insane amounts like in the U.S. There is still remuneration for pain and suffering, but nothing on the scale that you guys get and it is usually regulated/capped based on the injury, etc.

It seems like the amounts awarded are often excessive in the U.S., to the point where it encourages frivolous lawsuits to appear for someone to get rich quick(and often be successful). Different mentality for sure!

Certainly don't mean that Mike or OP's cases don't have merit - not what I'm saying at all... Just commenting on some of the comments that refer to the process of suing for pain and suffering...
I think it's one of those things where you gotta take the good with the bad.

Without a legal system that recognizes pain and suffering, and damages for that, you'd get cases where people undergo serious injuries that significantly impact their enjoyment of life go completely uncompensated (what price tag would you put on losing all sensation in your genitals? I'm pretty sure it's not a couple days salary for time off work and free catheters for the rest of your life). But if you want people to get compensated for those types of injuries, well then, you open the flood gates for a lot of more dubious claims too.

Yes, a litigious society makes everything, most visibly insurance, more expensive for everyone, but it is kinda like capitalist socialism. It makes everyone pay a little more, but makes sure those who are really injured receive the help and compensation they need (and since this is CAPITALIST socialism, let's a bunch of lawyers make a living along the way).
Old 04-21-2016, 12:07 AM
  #32  
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Originally Posted by Mike5215
I actually have a little medical malpractice case going on. Surgeon doing my back surgery last year slipped the drill and tore the dura (the protective sheath for the spinal cord). Not uncommon, usually not a big deal.

But when he tried to suture the dura it kept shredding. So he put a patch on it, which had to stay free of spinal fluid for three days while it took. Not a big deal. They put a temporary spinal fluid drain in and I had to lay flat on my back for a week in ICU so the drain could be monitored. A drag but whatever.

On the 3rd day I realized I had no sensation on the left side of my junk. Told the attending doc, he just shrugged his shoulders. Later that night I explored further and realized I had no sensation on my left side trunk at all. Told the night nurse and requested a neuro consult. He told me the neurology staff had all gone home for the night.

Told my surgeon the next morning. He wrote it off as post surgical swelling compressing some nerves. No exam, and no tests. The next day I realized I couldn't urinate. My surgeon was puzzled but not concerned, gave me a temporary cath and pee bag and discharged me. Told me to follow up next week with my urologist.

What had actually happened was the spinal drain had become positioned to where it was compressing the nerves that provide genital sensation and bladder function. It's known as Cauda Equina Syndrome. If the compression is relieved promptly, it's reversible. If not, it's permanent.

So now, at 55 and otherwise healthy, I need to catheratize myself 4x a day to pee, and have no sensation on half my pecker, which I gotta tell ya can really curtail your sex life. My wife is in her 40's.

Anyway, I have a little med mal case going against the surgeon and the hospital for failure to diagnose CES.
Wow, that sounds horrible...I hope your wife is tacking on loss of consortium damages too! And hopefully you'll get an all-male jury too! - that's the kind of injury that makes any man cringe just thinking of it.
Old 04-21-2016, 08:31 AM
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Yeah, she would have a significant consortium claim. Luckily we had so much sex while we were dating I think now it's just averaging out. Florida makes it difficult to pursue med mal. Up until a couple of years ago they capped non economic damages at $100k. Even now docs are only required to carry $250k insurance, which is what I carry on my car policy, and I don't cut people open every day.

What "makes" the case for us is not the accident that happened during the procedure, which does sometimes occur and is not considered malpractice. It's the fact nobody listened to me or acted when I was making the complaints of numbness. That issue also drags the hospital in, and they certainly have higher policy limits than the doc.

We'll see. The case still has to be green lighted by the law firm's internal medical board, and then they need an independent specialist in each field to sign an affidavit attesting to malpractice, and then, and only then, can we sue.
Old 04-21-2016, 08:33 AM
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Originally Posted by sequins
I think it's one of those things where you gotta take the good with the bad.

Without a legal system that recognizes pain and suffering, and damages for that, you'd get cases where people undergo serious injuries that significantly impact their enjoyment of life go completely uncompensated (what price tag would you put on losing all sensation in your genitals? I'm pretty sure it's not a couple days salary for time off work and free catheters for the rest of your life). But if you want people to get compensated for those types of injuries, well then, you open the flood gates for a lot of more dubious claims too.

Yes, a litigious society makes everything, most visibly insurance, more expensive for everyone, but it is kinda like capitalist socialism. It makes everyone pay a little more, but makes sure those who are really injured receive the help and compensation they need (and since this is CAPITALIST socialism, let's a bunch of lawyers make a living along the way).
That pretty much nails it.

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