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        New Message Board Archives >> 2003 Posts >> Request advice: medical malpractice suit?
        
(Message started by: jflynn on Oct 27^th, 2003, 4:23pm)

Title: Request advice: medical malpractice suit?
Post by jflynn on Oct 27^th, 2003, 4:23pm

A few years ago I went to an ENT doctor for what I thought were sinus headaches. Horrible, debilitating sinus headaches that made it impossible tyo sleep. He first tried various allergy and sinus and anti inflamatory pills with no results, then suggested a CT head scan. He looked at the scan and said yep, the such-and-such sinus is occluded and the such-and-such turbinate is oversized and touching the such-and-such, this causes inflamation and referred pain, endoscopic sinus surgery will fix that. I told him my headaches were not at all related to when I was having allergies or a stuffy nose, but he was not swayed.

"How well will it work?" I asked. He said he had the same deal and slept pain-free from the first night after surgery. I said okay and scheduled the surgery which was a horrible experience, painful face for a month and all sorts of nasty stuff I won't describe here. Total bill was thirty grand before insurance. A couple months later the headaches returned, awaking me from sleep at night. He had me come in a few times and stuck an "olive tip" suction device up my nose which hurt so bad he had to inject me with drugs before hand. No help. He then suggested the surgery does not always work and that his headaches were not gone either. I was dumbstruck and deflated at his about-face.

Recently I learned my headaches seem completely and 100% consistent with cluster headaches, not sinus at all. I feel angry and scammed by this guy who should not have so hastily dmisdiagnosed me, and who should not have pushed the inappropriate endopscopic sinus surgery, and who should not have gotten my hopes up. I think a nose specialist such as him should have heard of cluster headaches and since they are so similar in symptoms to sinus headaches he should know appropriate questions top ask to make sure surgery is indeed a good idea (examples: "these headaches usually at the same time?" and "do you not have sensitivity to light and sound during headache" and many other questions that would have pointed him away from sinus problems).

I'm awaiting a proper diagnosis which I believe will confirm my suspicions that I indeed have cluster, at which point I must decide whether or not to take legal action. If I do sue I've no idea what I really want out of it, but paying my legal and doctor bills would be a good start. "Pain and sufefring" couldn't be more fitting a term here, and I've literally lost a lot of sleep for over 2 years because of his incompetence. However, if I find a med-mal attorney who will take the case I imagine they'll try to sue for as much as they think they can reasonably get, and I'm not sure how I feel about that.

Advice?

Title: Re: Request advice: medical malpractice suit?
Post by ClusterChuck on Oct 27^th, 2003, 4:34pm

IMHO, no.

Unfortuantely, most of us have our own horror stories about misdiagnosis. I was labled as a nut case, and underwent treatment for 6 years before the proper diagnosis could be found.

Although I am VERY sorry for what you went through, I don't think sueing is in order here. Just my opinion.

I am sorry you are having this pain, and encourage you to see a competent HA doctor. Get an MRI and CAT scan to make sure it is not something else.

I hope you don't have this condition, but if you do, you are in the right place to find out about it and get support from those that know what you are suffering from.

Welcome aboard!

Chuck

Title: Re: Request advice: medical malpractice suit?
Post by BarbaraD on Oct 27^th, 2003, 5:00pm

I agree Chuck, lawsuits are NOT the way to go. We've all been down that road. Sinus is the FIRST and main diagnosis it seems. Teeth are a close second. How many times have we heard the stories of the teeth pullings only to have the HAs return.

The point is these headaches are HARD to diagnose by someone NOT familiar with them. Yes, we're at the mercy of doctors. One of the goals of OUCH is to EDUCATE doctors. We've come a heck of a long way in doing that since this board was established back in 98 just by finding out that there are MORE than one of us and that we are NOT ALONE anymore.

But lawsuits only tend to raise insurance premiums and make doctors MORE leary about "misdiagnosing" cases.

None of us have the answer. Just get to a doctor who will diagnose you properly. Take literature from this site if you think that you have CH and get the tests you need to rule out other things. that's the first step. Then come back here for the support you'll need.

Hugs BD

Title: Re: Request advice: medical malpractice suit?
Post by Margi on Oct 28^th, 2003, 10:12am

Agreed, lawsuits aren't going to get you diagnosed OR pain relieved.

You say you are awaiting a diagnosis....are you seeing a neurologist who knows something about clusters? Unfortunately, not all of them do. Over at the OUCH website, we have a list of doctors that we have visited and verified to be "cluster-friendly". If you go to www.clusterheadaches.org and click on the first menu on the left above the map, go to Recommended Doctors - it's organized by location.

Best of luck to you and I hope you find relief soon.

Title: Re: Request advice: medical malpractice suit?
Post by goaway on Oct 28^th, 2003, 12:54pm

jflynn-

IMHO no, do not consume your life trying to pursue legal action.

I am an attorney who for years (although it seems a lifetime ago) represented defendant physicians in med mal cases. Litigation is awful for the parties involved.

Further, in most states one cannot even file an action against a medical professional unless and until they find another doctor who is willing to go on record to say that the defendant doc did not provide that standard of care which was due to you, the patient and which did not rise to the level of care which was medically reasonable. In other words, you have to find a doctor who is willing to point the finger at another doctor. Not that easy to do, generally speaking. The "accusing" doctor then has to swear on an affidavit to this and that affidavit is filed along with the complaint filed by you.

Combine the foregoing with the knowledge that the other posters have previously stated in this thread (clusterheadaches being extremely hard to diagnose) and it seems, at least to me, that you will find it difficult to find a lawyer willing to accept your case on a contingency (%) basis. Please note that the law in most states will require that you (the Plaintiff) remain responsible for all the costs and expenses associated with your case even if you lose your case and do not recover any award. Malpractice cases can be EXTREMELY costly to the Plaintiff because of all the expert testimony that becomes necessary.

In other words, if you lose, your lawyer would not be entitled to receive a FEE for his/her time, but YOU would STILL be obligated to pay for all of the out of pocket expenses which were paid in the pursuit of your claim. This can easily be more than $25,000.00.

Please remember, this is only my opinion. Also, I am not familiar with the actual laws of your state which might show my opinion to be less valid. You may still wish to consult with a lawyer in your state, and I suggest that you do so. However, of one thing I am sure about: If you find yourself in litigation, you will find yourself under a tremendous amount of stress and strain. Many divorces occur during litigation (the emotional stress has been offered as one explanation for this phenomena). Please carefully consider all your options with this information in mind.

I wish you the best as well as many PFDANTYAY!!!!

Let us know how you're doing and welcome to our group!

Title: Re: Request advice: medical malpractice suit?
Post by jonny on Oct 28^th, 2003, 5:56pm

Rock'in post Goaway!!

............................jonny

Title: Re: Request advice: medical malpractice suit?
Post by Cerberus on Oct 28^th, 2003, 6:32pm

Greetings Jflynn,

I have to agree with the advice from Goaway, excellent if not very solid. It is EXTREMELY difficult to win a suit against a Doctor, Hospital, Corporation, or agent of the justice system inluding government factions, on an individual level. The financial burden alone could be disasterous in itself let alone the stress and hassle also involved. There would almost have to be a major ethical misjudgement on the doctor's part to win. Had the doctor known about CH and deliberately mistreated you in the interest of fattening his/her own pockets. Or something of that nature then maybe. But certainly not without a major intentional moral or ethical misjudgement.

Ramon

Title: Re: Request advice: medical malpractice suit?
Post by Prense on Oct 28^th, 2003, 8:21pm

Amen to the above responses.

Malpractice, in no way, has to be deliberate for the doc to be in the wrong though.

Title: Re: Request advice: medical malpractice suit?
Post by cootie on Oct 28^th, 2003, 11:34pm

Sumhow I missed this thread.......isn't that why they say second opinions are the best route for things this extreme with this sort of surgery deal and treatments ? Yeah since goaway is an attorny I'd say he knows the situation purdy good. My mom tried ta sue a hospital for malpractice and had a 3 million dollar suite......after 3 years of total HELL she lost !! Pam that hates the age old sinus infection diagnoses