[dytimmys]

I had a caudle steroid epidural ,they were not able to numb me.I was screaming and even crying in pain for this man to stop,but with a needle in my spine I could not get up to leave ,he kept saying I can't advance it an further and kept trying even when I said "NO GOD PLEASE STOP!!
I am a pretty big guy and can take a lot,but it's been 2 weeks I have had no pain relief and have been to the ER twice for the pain.I feel like I have been rape,I am an emotional mess I can't sleep I jump at every noise and I don't know what to do... Can I sue this man?

[JudyKayTee]

Not stopping the procedure when asked is not malpractice. There could be any one of a number of medical reasons that the procedure could not simply be stopped.

If the Physician DID SOMETHING he should NOT have done OR if he did NOT do something he SHOULD have done, you have the beginning of a case.

If you can find a Physician to testify that this was medical malpractice, yes, you can sue.

Medical malpractice lawsuits are extremely difficult and expensive because of the burden of proof.

Why do you feel like you've been raped? I WAS raped and I don't see the connection.

[dytimmys]

My pants were pulled down past my buttocks,he had to spread my butt cheeks apart to go in the base of my tailbone,I was unable to just get up and leave because it could have paralyized me.I was on my stomach and totally defenseless,I am a big guy w/ a lot of tolerance for pain,but this was so terrible, I was crying like a baby ,imagine a needle in your spinal column and all you can do in your defense is SCREAM NO. There is no medical reason NONE that he could not have stopped the procedure immediately and withdrawn the needle/cath and I have read this on several medical journal websites that are written by Dr's for Dr's. I thought no means no! A paitent who is of sound mind has the right to refuse anything at anytime... IT IS MY BODY!! He was going to finish this procedure come hell or high water and it did not matter what I said... He kept saying "I can't advance it ,I can't advance it.Then I said Stop now! Do not advance it hurts to much!.....he kept going ,I said "Look I am telling you to stop the procedure right now! Then begging and pleading to no avail,the nurse was holding me down so I would not move. After the procedure the nurse was very apologetic.
My rights as a patient and a human being were violated. I have never sued anyone in my life ever,but this was torture what this man did to me.And it was wrong!
I am very sorry to hear of your expirience. I am very emotion writing this... I cannot get this out of my mind ,it is consuming me and I don't have anyone to talk to about it.
Also I have had way more pain since then,That night I was in the ER for rapid heart rate 190 bpm and high blood pressure 160/110 and tremendous pain but could not say anything to them for fear that he may find out.I have to have surgery on my back and I am scared that if I say anthing wrong no one will help/treat me.
I am sorry maybe rape is not the word I should have used I am truly sorry,but in my life I have nothing else to compare this to,I am an emotional wreck,I can't get this out of my mind,I am waking up screaming,crying a lot,even the turning on of a light switch makes me jump.I have never been like this before.
I wish that I never had this done,for the moment it has ruined my life.Sorry for rambling but like I said I don't know who I can trust (Med. Professional wise)to talk to about this.

[dytimmys]

Also,thank you very much Judy for taking the time to respond to my post.

[Fr_Chuck]

First there are no legal "human rights" there are rights given to us under the constitution of the US, that is it, and the laws we are under.

Next was there a reason the treatment was needed, and you at first consented to the procedure. While perhaps he may should have stopped, sorry so you were hurt, perhaps counseling is needed if you are letting it change and alter your life to this extent. And while you will not agree, accept or even believe, you are viewing this way out of proportion to what was done and that worries me more than what a doctor should or should not have done.

[dytimmys]

There is no distinction between withholding and withdrawing care.
If you are doing something the patient does not want, you cannot say,
"Well, sorry, but I already started, and I really have to continue."
This is what Kaplan wrote, I don't know if every Dr. reads this, appearently mine did not.

[JudyKayTee]

I also think you are over reacting. However, if you have lasting pain/trauma/injury, can find a Doctor to agree with you IN COURT that the procedure should have been stopped - contact a medical malpractice attorney. He/she will review your paperwork and medical records and advise according to your State law.

Sorry to be ignorant but who is "Kaplan?"

And there ARE medical procedures which cannot be stopped in mid-stream (so to speak).

I also am simply suggesting that if this was so traumatic and painful that you are dwelling on it, perhaps you should speak to a mental health professional.

Would only help your malpractice case and might give you some peace of mind.

[Fr_Chuck]

And he will need a mental health expert to testify in court for malpractice if he is going to claim it is effecting his ability to function in life also.