Pain Management Community

Hello.

I am sorry for all you have gone through.

I am not a lawyer nor a doctor. I am not sure you have a case, though. Your best option would be to find an attorney in your area that specializes in malpractice suits and see if you can get a free or low-cost consultation with them.

In the meantime, change doctors and continue doing your research. Seek other forms of pain management.

I hope you get relief soon.

I just had one other thought. Were you injured at work? Do you have a workman's compensation attorney helping with your case?

Yes, I do have a lawyer for my workmans comp. case. this is my second lawyer though. The first one blew it for me. Let me just give a short story from the day I got hurt. The day I got hurt was a very hot day in Aug.15, 2007. It was about 2:15pm when the superviser had me and mike go and fill up an water tank for the boring machine. This machine bores a hole through the ground and then pulls a calbe/wire back through. While pulling the cable back through. You have to keep undoing each section of the boring pipe. While getting close to the end of the pull, he just got into a big hurry and rung off the gripping devise that connects the cable and boring pipe. Just three to four feet to go when all of the trouble started. So he gets the machine out of the way so everyone could start digging down to get to the cable. once we had the cable were three of us could get our hands on the cable and pull onto to get it through enough to bend the cable around the boring machine viberating spade and let the machine pull it through the rest of the way. Well taking so long to make up his mind. the ground started to close in around the cable making it impossible to pull by hands alone. But I had to do what he said because I needed a job and making $15.00 per hour wasn't something you can replace everyday. We jumped in and started pulling on the cable by hands. I have always been carfull in everything I did. But this one day when I pulled on this cable I got hurt. I was pulling on the cable and it would move just a couple of inches and started to move even further and faster. I put everything I had into it. That is when it just STOPPED! It felt like someone had hit me in my back with a sledgehammer. I could not breath. When i went to step back up and out of the trinch, all I could do is stumble backards. I went backards until about twenty feet before collaspping forward face first to the ground. When I came back to from blacking out for a couple minutes. I had my left hand on my back and gaspping for air. Being on the ground for about ten minutes the superviser walked up to me and asked what wrong with me. I told him and his reponse was- You're no good to me anymore and just walked away. There is some other things that happen that day also. I would run out of room. Anyway after watching him fight with the cable for about fifteen minutes. I got up and went over and hooked the cable to the machine myself. All he kept saying was it wasn't going to work. Well he was able to pull another 550 feet through the collaspped hole. Four months after that, I ended up have testical cancer. That is the first thing that my first lawyer screwed up with my workmans comp. My pain is so bad in the mornings that my wife has to help me to sit up on the bed. It hurts to sit stright up in the chair. I have to lean forward with my elbows on my knees most of the day just to have some kind of relief from the pain. I still have sharp stabbing pain in my left testical that they can not figure out what is causing it. I have lost so much that both my wife and I worked for. we are still struggling each day just to have somthing to eat. I would like to know where is the safty net is that Mick Romny is talking about. I can not get help from Delaware. First state Community still has our appliacation in a file that we filed for help in lowering our payments on our home. That was back in 2009 and we lost the home in two years almost to the day when we filed for help. They also opperate work with H.U.D. and still on help. In the last five years, Delaware has helped me lose everything that we had. I'm done for today because this is just so sad to talk about. Thank you and have a good day,wayne

what is the difference between "take him to court" vs "sue him for malpractice"?

you may have difficulty finding an attorney as a case must exhibit objective evidence of loss of some kind.

you state that your MD offered to , "fix the problem", and you refused this offer and insisted he remove the stimulator.

it usually takes a few weeks, at least, for the inflammation from the insertion to subside for the company rep to program your stimulator properly.

the battery will also seem as if it has shifted as the inflammation in the insertion area subsides.

did you not know that you could turn the unit off if the sensations were bothersome?

you asked for opinions; mine is that you did not listen nor were you willing to permit the MD to "fix the problem".

I do not think you have a case.

I am not an attorney, but married one.

In addition to what Anon said, you can't sue a doctor because he didn't return your calls. Doctors have very little time and tons of calls to make. If you wanted to talk to him you should have made an appointment. If he had returned your call he likely would have told you to make an appointment anyway. What else can he do over the phone?

if you do opt to consult with an attorney, the initial consultation for personal injury/ malpractice is free.

if the atty thinks that you have a viable complaint, he/ she commonly takes the case on a contingency.

this means that you do not have to pay up front. if the case is settled in your favour, the atty gets a pre-arranged percentage; if the case is ruled against your complaint, the atty does not get paid.

this is why it is difficult to get a lawyer to take a case unless he/ she thinks the case is "win-able".

commonly, the atty will tell you within a few days of the consultation, after getting a look at evidential documents, if your case has any substance.

it doesn't matter if I or Swank think you don't have a case. it matters if your atty is willing to take your case, and you have nothing to lose by a free consult.

good luck.

Sorry about not getting back with you. Computer been down two wks now. I know that I am not a good oerson to explain things. Yes the battery did shift enough to disconnect itself from the stemulator pads. The battery was placed to the side of my left buttacks where I would not be sitting onto it. From there it went up to my upper left pelvic girth and caused a very large sisk that had to be scraped away. the unit is programed before it is placed in the body. What I was trying to say was that the nurse when she came in my room is to make sure it is running in the way it was programed prior being placed into my body. Then she was subposed to show me how to use this stemulater when it would leave the hospital. At that time is when she could not get the unit to work at all. Also she got fustrated because it would not work for her and then placed it back into the box from which it came out of. She showed me nothing about how to use this unit that was just placed into my body and just walked out. This was put in on a Friday and that Monday I was calling because it was not working on one side and by the time eight months had gone by, It was not working at all. Thank you and have a good day.