[dwashbur]

The scenario: in 2004 I had a dual fusion in my neck. One of the fusions didn't heal, but never seemed to cause me any problems. Fast-forward to 2013, when I'm having serious pain in the same area as before. The pain is excruciating, I have to resort to medical cannabis, and I live in a different place now. So I see a neurosurgeon and he says the pain is being caused by pinched nerves because I have massive arthritis in the nerve canals. He splits me open and does a roto-rooter job on both sides of my cervical spine, top to bottom, and uses the bone he gathered from that to repair the faulty fusion while he's there.

The problem: there has been no relief from the pain. I never saw the doctor after I left the hospital. All follow-ups were with his MA. She consistently blew off my pain and told me it was just my posture. A year post-surgery, things still hadn't improved. So last week I sought a second opinion.

This surgeon has informed me that the procedure the other doctor did on me was never intended to relieve pain. It's supposed to ease things like tingling and numbness in the extremity. I had minimal amounts of that, but my consistent issue from start to finish has been PAIN. Nothing else, just chronic crippling PAIN. So basically, what I have been told is that I spent over $35,000 and have a permanent zipper-shaped scar on the back of my neck for nothing. Because in essence, I came in with my radiator overheating, and he fixed it by rotating my tires.

To say I'm furious would be like saying the San Francisco earthquake shook things up a bit. I'd like to find a way to hold this doctor accountable for what he did to me. Can some of the attorneys here tell me if I have any kind of case here at all? I'm looking around for someone local to ask, but if there's a consensus that I really don't have anything to go on, I won't waste my (and their) time. What do you think?

The other stuff: I'm 61, in reasonably good health otherwise, and live in Washington State.

Thanks!

[J_9]

I am unsure as to which doctor you want to sue. The one who performed the first or second surgery?

[Fr_Chuck]

You will need a medical expert to review both the work of the first doctor, and then the second, to find something they did wrong in the procedure. Not just that the pain was not relieved. It appears nothing from the second doctor made it worst. You will need documented proof, of a medical error.

[J_9]

I am going to agree/disagree with Fr Chuck here. There is a statute of limitations involved here. In many locations it is one year from the time of discovery. That means that the statute runs for only one year after a mistake has been diagnosed.

You mention that the surgery In 2004 didn't heal, but never seemed to "cause any problems." What did you do in regards to follow-up with the lack of healing? Did you continue to seek medical attention to assist in the healing process? If so, when did that occur?

Without reading the medical records from all doctors involved, and without the answers to the questions above, it's hard to say if you have a suit. If you knew that there was no proper healing from the surgery in 2004 but did nothing to promote the healing with follow up visits because it didn't seem to "cause any problems," you don't have a suit because it was due diligence on your part to continue to follow up with the doctor until you were properly healed.

In regards to the surgery in 2013, when were you told that this surgery was to relieve numbness and tingling rather than to relieve pain?

FYI, I may be a labor & delivery/ER nurse for the past 7 years, but in my past life I was a med/mal researcher.

[ScottGem]

Consult an attorney who specializes in medical malpractice. He may send you for a third opinion to see if the doctor who performed the "roto-rooter" committed malpractice.

It seems to me that the issue is whether the surgeon performed unnecessary work or not. My guess, is that the this is going to come down to opinion on the effectiveness of the procedure.

[AK lawyer]

I'm looking around for someone local to ask, but if there's a consensus that I really don't have anything to go on, I won't waste my (and their) time. What do you think?

I, like ScottGem, think you need to consult an attorney licensed in Washington who is experienced in medical malpractice. I'm assuming the first surgery (in another state) is not the issue (probably being beyond the SOL, for one thing).

I'd like to find a way to hold this doctor accountable for what he did to me.

What he did to you is charged $35 K to stop the pain and the pain didn't stop. That, and the scar. What I'm saying is that the pain didn't result from "what he did to [you]". At best, then, you have a breach of contract claim. And, in medical treatment, there are rarely guarantees.

[J_9]

Scott, it will also come down to what Dwasbur did when he realized that the first surgery in 2004 did not heal properly. If there were no follow up treatments or attempts to rectify the situation this will fall solely on the OP's shoulders.

[J_9]

I'm looking around for someone local to ask, but if there's a consensus that I really don't have anything to go on, I won't waste my (and their) time. What do you think?

I, like ScottGem, think you need to consult an attorney licensed in Washington who is experienced in medical malpractice. I'm assuming the first surgery (in another state) is not the issue (probably being beyond the SOL, for one thing).

I'd like to find a way to hold this doctor accountable for what he did to me.

What he did to you is charged $35 K to stop the pain and the pain didn't stop. That, and the scar. What I'm saying is that the pain didn't result from "what he did to [you]". At best, then, you have a breach of contract claim. And, in medical treatment, there are rarely guarantees.

I'm not going to disagree with this. My question is what was done after the original surgery in 2004 when the OP states that it did not heal properly. Was there any follow up?

We have to go back to the original surgery and that it did not "heal, but didn't seem to cause problems." If it didn't "heal" that is a problem and it should have been addressed, pain or not.

[joypulv]

You won't be wasting a malpractice lawyer's time if you gather copies of all your records and send for any you don't have - including Xrays/MRIs etc not likely to be given to you, along with their written interpretations.
Maybe make a one page list of the sequence of events, and all doctors and hospitals. (Have contact information for if someone takes the case. Check to see what is current too but state the old.)
Submit that with just the summary pages from doctors (with full records standing by), except for full records from the recent one.
The lawyer will have at least one MD on staff or retainer, and possibly be an MD. Won't take long at all to make a decision.

I have lower vertebrae pain. Just one young woman I met, however, who is a quadriplegic as a result of 'routine back surgery,' is enough to keep me from surgery, and although I have had 30+ years of pain, only 18 days was Vicodin-is-no-help excruciating.

[dwashbur]

Follow-ups after the 2004 surgery indicated, from x-rays, that the fusion hadn't completely sealed. But those doctors said it wouldn't be a problem, since I also have a pair of titanium plates holding everything in place. They said it wasn't that unusual.

The doctor I'm upset with is the second surgeon, the one who did the 2013 laminectomy. The second opinion doctor that I consulted with is the one who told me that surgery isn't designed to treat pain, and that it was apparently the wrong surgery.

Repairing the fusion was the 2013 surgeon's idea, not mine or anyone else's. He indicated that, even though there were no problems, he might as well take care of it while he was there. I couldn't see much point in arguing, I just wanted the pain to go away.

I hope I've answered all the questions. If not, keep asking and I'll do my best.

Thanks, all!

[J_9]

When did the "second opinion" occur? This encounter would be the one that starts the discovery process of the statute of limitations. In many states the SOL runs out a year after you discover there may have been malpractice.

If you found out, for example, on a May 15 2014, you have until May 15 2015 to file a formal complaint in the court. But I don't know where you are located so I don't know how long of a SOL you have.

[dwashbur]

When did the "second opinion" occur? This encounter would be the one that starts the discovery process of the statute of limitations. In many states the SOL runs out a year after you discover there may have been malpractice.

If you found out, for example, on a May 15 2014, you have until May 15 2015 to file a formal complaint in the court. But I don't know where you are located so I don't know how long of a SOL you have.

The second opinion was about 2 weeks ago. I'm in Washington state in the Tacoma area. I actually wrote that once, but this thing seems to have lost it...

[J_9]

Washington' SOL runs for 3 years from the date of discovery. It would be a good idea to get copies of all medical records and contact a local med/mal attorney.

From what you said here it's hard for me to determine if you have a case as I don't have the records to review.

Most med/mal attorneys will give you a free consultation then, if decided you have a case, will operate under a contingency fee basis.

[ScottGem]

Check with your local Bar association for attorney recommendations. Again, my feeling is that even though one doctor's opinion is the surgery was the wrong surgery, it may not be a generally held opinion. Malpractice occurs when a doctor makes a clear mistake in diagnosis or procedure. I'm not seeing that here.