MALPRACTICE SUITS AS A RESULT OF CERVICAL SURGERY

[SPLOTKI]

I WAS OPERATED ON 3 YEARS AGO. I HAD DECOMPRESSION AND LAMINECTOMY C3 THRU C7. SURGERY 8 HOURS. SURGERY WAS A SUCCESS HOWEVER I CAME OUT OF SURGERY WITH TBPI OF THE RIGHT SHOULDER. HAS ANY OTHER SUFFERER HAD A SIMILIAR EXPERIENCE. HAS ANY OTHER SUFFERER SUED FOR MALPRACTICE AND WHAT WAS THE RESULT? I NEED HELP.

SPLOTKI

[ritaV]

I had cardiac surgery and came out with double tbpi-- worse on the left than the right.

I consulted a lawyer who at first thought I could sue but his research discovered that the tbpi is mentioned as a possible complication to the surgery. So I had no case and no left arm.
But that was in 2000.-- I have regained almost full use of both arms-- on the left still firings and poor finger use but it is getting better.

[SPLOTKI]

DEAR RITA,
THANKS FOR YOUR QUICK RESPONSE GLAD THAT YOU ARE MAKING A SUCCESSFUL RECOVERY. HOW LONG DID IT TAKE FOR YOUR RECOVERY? DID YOUR SURGEON EVER MENTION THE POSIBILITY OF TBPI DUE TO SURGERY?

[ritaV]

The surgeon never mentioned it as it was an emergency procedure-- I'm not sure its my signature on the consent form as I was drugged from a preliminary procedure when they decided I needed heart bypass.

I woke up three days post surgery to the problem-- the surgeon scuffed it off and ignored it -- the neurologist in the hospital was more concerned by the subdural hematoma that I got also....Post surgery visits were not addressed-- surgeon left the room when I questioned the complications.

Needless to say I was quite upset. It is now a little over three years-- did a lot of PT and OT in the beginning-- from hospital - went to a rehab center for 4 weeks then rehab as out patient.

I exercise my poor arm and hand daily-- Neurologist says may take another two years for the hand to fully recover if ever...Did they tell you the nerve regenerates at the rate of 1" a month in the perfect situation....

Hope your regeneration will be optimal!

[admin]

I HAVE FINALLY FOUND SOMEONE WITH THE EXACT SURGERY AND INJURY . I WENT INTO SURGERY BOTH ARMS WERE FINE . I WOKE UP IN MY HOSPITAL ROOM . NO RIGHT ARM STRENGTH . MY HAND WORKED FINE . I HAVE BEEN PASSED AROUND FROM SPECIALIST BACK TO THE SURGEON . EVERYONE HAS AVOIDED TELLING ME HOW THIS HAPPENED . WELL , I DO KNOW IT HAPPENED DURING MY SURGERY . I HAVE GAINED SOME MOVEMENT BACK , BUT CAN NOT LIFT ANYTHING OVER 2 IBS . CAN I SUE THE SURGEON... I DONT WANT TOO . BUT MY CAREER AS A HAIRSTYLIST IS OVER ! ANY HELP OR SUGGESTIONS ?

[admin]

RICK,
YOU MIGHT HAVE A CASE AGAINST NOT ONLY THE SURGEON BUT THE ANASTEGOLOGST AND THE HOSPITAL AS WELL. I WOULD ADVISE YOU TO SEEK A LAWYER WHOSE SPECIALTY IS MEDICAL MALPRACTICE. THERE IS A TIME LIMIT ON BRINGING THE SUIT.
SPLOTKI

[JJMCats]

Hello there. My husband had almost the identical thing happen to him. He went in for a Cervical spine fusion C4-C5 and C5-C6 for numbness, tingling in his hands and right side of his face, and neck pain. This was all cleared up in surgery but when he came out he had no movement of his right dominant arm. He can move his fingers, and has been diagnosed with a Brachial Plexus Injury. Although no one can tell exactly how it happened. This happened 14 months ago. He has had numerous MRI, EMG, Myleogram CT scan etc. He uses a TENS unit. But our life has totally changed. We are in the process of trying to find a lawyer and was wondering too if anyone has had any luck in suing surgeons, hospitals etc. for this type of injury.Please let us know what you have found out and if you found any web sites that might be helpful.Thanks and good luck.

[acreativeme]

I had a micro disc surgery and the position that I was in cause brachial plexus nerve damage. This of course was to my dominant hand/arm. The surgeon denied it could be due to the positioning and said I probably had carpal tunnel. I am a registered nurse and the original surgery was under workers compensation. The surgeon reported that I was fine and that I could return to work with a lifting restriction of 25lbs. This info. he did not tell me about and didn't even send a copy to my G.P. (they are supposed to do that). I couldn't even do my activities of daily living let alone take care of someone else. Luckily, I had a feeling he would do something like this and I went to see a neurologist or three, my G.P., a osetopathic m.d. and a homeopathic doctor looking for help! (the carpal tunnel was disproved) I was in so much pain I wanted to die and then I had to deal with this LIER. I have since been put on neurontin and darvocet as needed.

I contacted a lawyer and he said that I would need another doctor of the same or similiar caliber to state that this physician had "below standard of care" or the word "malpractice in the same sentence; hard to do in the "good ole boys club". This lawyer suggested the I go to Tuscon (I live in Scottsdale). I have decided that I have enough going on in my life right now (husband with very danger heart problems and back surgery didn't work), so I will be compiling a report and sending it to the Medical Board here in AZ. Ultimately, I don't want to sue, I just wanted him to come straight, not lie and help me. I know "things happen" and neglegence is common, go for it, I know I don't have the energy.

I wish you luck and I hope I was helpful to you or someone else.

Ali

[Nan in On]

My BPI and winged scapula was the result of an abdominal surgery (emergency procedure and very lengthy surgery). My life has been forever changed as a result. I have lived with chronic pain and weakness (cannot raise my right arm above 90 degrees)and have developed cervical disk problems as well as 2 frozen shoulders. This surgery was 3 years ago and to date, I have got nothing but denials from doctors that this was a direct result of the surgery (strange how I couldn't raise my arm while recovering in hospital?).
I also still deal daily with the anger and frustration of no one taking any responsibility for an injury that has been physically, emotionally and financially devastating.
Initially, I checked with several malpractice lawyers and the advice I got was that it was very unlikely that I would win my case because I have no absolute proof that the standard of care was not met.
I was also told it would be very expensive and could take many years and that I could lose all of my assets in the process (house, car etc.). The legal system here (Canada) does not work the same as in the US however, if you lose, you pay for legal fees regardless...subsequently, I decided against legal action (couldn't put my family through it).
Unfortunately, there are too many possible causes of this type of injury resulting from surgery ranging from improper positioning, bacterial or viral infections, immunizations, trauma etc. and this alone makes it difficult to prove that the actions of the surgical team were in any way responsible and the onus of proof lies with the patient...even though a BPI injury is not a documented risk of abdominal surgery. I wouldn't be surprised if it were listed as a risk with cervical surgery, however.
It is unbelievable that hospitals are not held acountable for compensation in any way for these types of iatrogenic injuries. What is the most unsettling for me is that by denying any fault, these incidences are being swept under the carpet and not being investigated as to the cause. Without such investigations, the cause will never be discovered and people will continue to suffer as a result.
My only advice to you would be to obtain a copy of your surgical records from the hospital (you have a legal right to them- although there may be a fee involved) and to have a malpractice lawyer review them to see if you have grounds for a case.
I wish you all the best and pray that you recover fully from your injury.
Nan