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    A doctors short comings
    injured_construction_worker posted:
    Hello. I have had several injections and heavy narcotics for both my thorasic and lumbar pain. Back in june,2011 I had three temperary back stemulater placed in T-4,T-5 and L-3,L-4 in my lower back. It went so well in my upper back that I agreed to have the stemulater put in. But in my lower back it did nothing. During my month and a half of waiting there was another kind of stemulater that could of been used for my lower lumbar. It was never offered to me. So Aug.12,2011 I had the upper stemulater was placed into my back. Onced I woke up, about an half hour there was a lady from St.judes (owner of the stemulater) came in my Hospital room to show me how to use the control. She worked on getting it to work for ten minutes and just could not get the right stem to work in my upper back. The stem was placed just between my shoulder blade and spine. When you turned the right side completely off and turned the left side on, it worked just find. Now turning the left side completely off and turned the right stem on. It would turn the left side stem on. the right side of the stemulater never worked right from the start. I was releasted on the 13th of Aug. to go home knowing that it did not work properly. I was advised to call my doctor on monday and let him know that the right side did not work. Now I live in south delaware but, I had to travel from one end to the other. So when Monday came, I called my doctor. I could not talk to him because his asistent told me that I had to talk to her and she would give him the messages that she thought was important. She is not very nice. I just could not get to talk to my doctor and after a month of calling trying to talk to him. They started to stop taking my calls and also stopped returning my calls. I inturn had to call my insurance company to report the inceident to them. By this time the battery had shiffed from being down in the little bit of fatty tissue in my left buttucks.Well after two weeks they call me back( insurance company) telling me that the complant has been taking care of. I asked them how has it been taking care of, no-one has called me back? By now the battery has raisen up on my pelvic girth and spind causing severe pain. I let a few months go by thinking that they are taking care of this. When I called my insurance company again. This time I asked for her boss. I let her know what has been going on with my back stemulater and the doctors not returning my calls. This time I got through to someone. In less than a week, the doctors office gave me a call. When I went to see the doctor that placed the stemulater in. I told him that I want it taken' out. Yes, he offered to fix the problem. But with all of the trouble just to get to talk to someone. I said just take it out!. Now trying to find a lawyer to help me in this case. That is another problem. When he took the battery out. He had to scrape a large sisk off of the muscle to which it shiffed up onto. The scare 1 1/2" only took to put it in. When he took out the battery and scraped off the sisk, it ended up to be over three inches. It still hurts today with just the little bump onto it. I still have bad back pain and scard to get anything else done with the bad experince. I am now going back through a E.M.G. and it is showing that there is some pinched nerves. I had to go through this added on pain for eleven months. If there is a lawyer out there that wants to talk, just reply.
    Thank you

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    davedsel57 responded:

    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.
    Click on my user name or avatar picture to read my story.


    davedsel57 replied to davedsel57's response:
    I just had one other thought. Were you injured at work? Do you have a workman's compensation attorney helping with your case?
    Click on my user name or avatar picture to read my story.


    injured_construction_worker replied to davedsel57's response:
    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
    Anon_57995 responded:
    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.
    _swank_ replied to Anon_57995's response:
    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?
    Anon_57995 replied to Anon_57995's response:
    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.
    An_248700 replied to Anon_57995's response:
    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.

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