A little info about my trial

[Phil]

I, like my attorney, are stunned by the defense verdict. We never got past the ?standard of care? issue. In essence , the jury has said that it was ok for the dentist not to further question me about ?pre-medicating? after telling her I forgot to do that, and that she has no obligation to read the full dental chart, all of two pages! If she would of read the chart, she would of seen the note that read ?RX PEN FOR MURMOR? on the top of the chart. The verdict also suggest that It was my full responsibility to not let her clean my teeth and that I should of walked out of the office.

This was a dentist that bought the practice from my former dentist of 25 years. The one and only health chart was done in 1974. My original dentist was from the ?old-school? and we were friends, he knew me and my family on a personal level and always made sure I took my pre-meds, but hardly ever charted it.

Although the new dentist testified that she gave out almost 400 new health forms when she took over in the one year period, she did not want to give them to old customers like me as to ?not to overwhelm them with paperwork?.

The other side said that although dentist are taught to practice at the highest standard, they are not legally bound by it. In fact, some jurors said they ?cannot believe how low the standard of care is? as the law is written in California.

The other side did their best to confuse the jury about everything and they were successful. The final verdict was 9 to 3 in her favor. However it did take them 4 hours to answer that first question.

So where do I go from here, the answer is?I don?t know.. The other side has continually threaten me that if they won they will sue the crap out of me to recover their cost which we suspect is over 250K of insurance co. money. They have 15 days to submit cost to the court and the judge will decide how much they are owed.

We think we have several appeal issues but if we do appeal, that remains to be seen. If the other side pushes the cost issue, then we will be certain to appeal.

As far as a complaint to the dental board, that is the one card I have left, but with the jury verdict as it was, am not sure how far it will go.

Thanks, Phil

 

[LUVMyBirman]

Hi Phil,

I am so sorry you had this experience.

Back when I had my surgery my family thought there was a clean cut malpractice case going on with my care. The fact that the doctors let my INR ride and did not advise a decrease at 4.0 with a fresh surgical area. Outcome. Severe cardic tamponade and an INR of 14. Taken back to surgery for major hemorrhaging from almost every organ. Fully transfused. Family was told my chances of fully pulling though less than 5%. All devastated.

Advised by council that my family would have a better chance of winning the lotto because I was alive. Thankfully I am here to tell the story and of sound mind, well most of the time anyway .
You have to ask yourself if it's worth the stress. Especially with a heart condition. To me, I am living and that's the best option one could ever ask for.

Wish you well.
Keep us posted.

 

[Ross]

Now if just one of those jury members had a mechanical valve......... I bet the entire outcome would've been different.

 

[pegne]

Phil

Phil

When I had my 3rd heart surgery I ended up with a staph infection in my right lung. I was in the hospital for 21 days and sent home with a PICC line for a 6 week regimine of intervenous antibiotics. Afterward we found out I had a pnemothorax in my left lung the size of a liter bottle that had solidified that had to be surgically removed. There was also a scar about 6 inches long on the top part of my thigh and another on the other leg about 4 inches long. The surgeon told us that he took the veins out "in case he needed them". Later we found out that the whole procedure he did on me was botched up. 2 years later I began to have problems and went back to that institute. I had in my hands my records from that hospital and found in them that they knew that the pnemothorax was in my left lung (before it had solidified) when they released me. It was something that could have been taken out with a needle instead I had to go through another surgery and a scar about 8 inches long from my front around to my back. I realized then that I did not want anyone from that hospital touching me again. I went to a different hospital and had my 4th to reverse the procedure. At that time the surgeon foud out that the wrong size valve was used in the previous surgery. I then sought legal advise and was told that the surgeon who performed my 3rd surgery was the "Micheal Jordan of heart surgeons" and nobody would touch the case. I went through a $160,000.00 dollar opperation only to go through another to fix it not to mention the lung surgery I had to go through. This institution is untouchable because it is suppose to be the best in the country. The lawyers had the nerve to tell us that if I would have died there would have been a case. I am not the type to sue anybody but I felt under the circumstances we should have at least gotten back the money for our insurance company. After all it comes out of my lifetime cap. I am sorry you did not prevail. I hope now this dentist is a little more careful with the patients she works on.

 

[Les]

Phil,
I read these posts and my anger at the "system" flares back up. I have posted before that when I presented to my physician with high fever after several days, I was told to "Take some Tylenol and quit being a baby." Turned out to be Bacterial Endocarditis, and now I'm a member of VR.com..... Hope you can do whatever to at least rattle their cage and I support you to the fullest!
__________________
Les AVR '93 / '95

 

[Georgia]

I can't believe that doctors talk to you like that

I can't believe that doctors talk to you like that

Les, I'm constantly amazed at the things people here have reported about how their docs talk to them. I've NEVER had one talk to me like that - and I'm a wimp. Not only is it paternalistic and rude, it's bad manners. Perhaps some male docs feel particularly macho by putting down other men. Makes you want to key their Jags.

And Peggy, I'm so glad you're still alive. A fried of mine got terrible treatment from one of our fair city's top surgeons - the doc sent him home where his appendix ruptured a couple hours later - and doc tried to blame the kid. Fortunately, he made it, as you did, with very little help from the doc.

As we know, we have to put our trust in the hands of others and let them do their jobs. But it's pretty hard to do if you've been burned by incompetence.

 

[Gisele]

Here is another story...............

Here is another story...............

20 years ago (when most docs didn't know much about Coumadin) I called my gyn as I was severely bleeding (more like hemorrhaging). I told him I kept on feeling like I was going to pass out. Now I had just seen him one month prior as I was two months late for my period. You know what he told me----call me tomorrow if you are still bleeding this heavy. Being young, I never doubted his word. One month later my girlfriend insisted I call him as I was still bleeding (nowhere as much as that first day). The bottom is that I had a miscarriage. I could have died!!!

This could have been prevented when I went to see him in his office--he should have ordered a pregnancy test, instead he said to me: "I am sure that you will be starting soon". When I think back on that I wonder on what basis did he make that diagnosis??? Secondly--being on Coumadin-he should have seen me immediately especially with the description I had given him on the amount of blood I was losing! Lord knows what my INR really was as back then they only did PT's and I only went to the lab when I thought of it as my cardiologist at that time wasn't really strict about whether or not I went to the lab.

I since then replaced my gyn (I did that shortly after this incident), and I have replaced my cardiologist. I never take a doctor at his word if I don't feel right about their decision without questioning him. Phil, Gina, and Peg, let our lessons learnt be an example to all other patients that doctors aren't always right all the time--they are human, and some are incompetent.

Fortunately we are alive to tell our stories.

 

[lcwhitney]

Unless there is a "gag order" in your legal judgement there is nothing to keep you from telling everybody you know about this dentist. You do not have to give your opinions in any printed quotes, I am a very firm believer in our right to freedom of the press. Some real good reporter looking to make a name would love to hear your story. Any doctor that woud treat patients like that deserves to have their reputation trashed. Un informed lay people are very easily lead to the decision that a good trial attorney wants especially an experienced malpractice atty.

Find out from your atty. if the there was a gag order attached to your verdict. If not tell everyone you know.

Lettitia

 

[sylviayasgur]

hi phil!
i haven't been online for awhile and was so sorry to hear that you had lost your case.
i know it must be so upsetting and frustrating.
lettitia's idea is a good one. there are many hungry reporters out there who are ready to jump at a story like this one.
please let us know where you go from here.
be well, sylvia

 

[Phil]

Gina, Ross, Peg, Barrett, Georgia, Gisele, Lettitia, Syliva thank you for your thoughts and impressions with what happened to me in that trial. My attorney has filed a Motion for new trial and we will see what will happen.

The other side has submitted a cost of $175,888.00 to the court and the judge will decide how much the judgment will be on July 22nd. If she grants our motion for a new trial then that cost should be forgone for the time being.

Thanks again for all your thoughts, Phil

 

[joy]

Hi Phil, I am sorry that your trial went badly. It reminds me of some very sour memories when I first found out I was sick. I asked my mom who works in this kind of law(with an attorney) if I SHOULD pursue compensation from the doctor who misdxed me with a cold. She told me this,

"Medmal is very hard to win. Unless you die, it's almost impossible to win a case, unless it is obvious that the doctor messed up and caused this illness."

In my case, they didn't cause it, and it would have been impossible to win the case because I didn't die. If I would have died, my husband would have had to sue on behalf of my son, because it was a navy institution. Even though I didn't sue, I did get the doctor reprimanded, and it did get into his service record that he messed up. You can also definately use your words, and tell the people you know what this dentist did. That will hurt this dentist, because if you tell everyone you know, and they tell everyone they know, the word will spread. It generally ultimately is the responsibility of the patient to tell anyone who will be doing anything on their body that could cause infection of any medical problems they have. I am not surprised by this verdict, but I would fight the cost. The dentist Should have had a medic alert on your chart Mine has it all over my chart. It has red stamps all over it that says "pre medicate" and Medic Alert. I just let them know what time I took my premed when I get there. I wish you luck, Phil, and I hope you get another trial!

I think everyone out there will agree with me when I say that it's too bad that normally the patient has to be either permanently disabled or die to win these cases. Hopefully that will change in the near future.

 

[Phil]

All done as of Friday nite!

All done as of Friday nite!

Well all the legal issues are finally over. After filing an appeal in state court the case was settled. I agreed not to pursue the appeal and they agreed not pursue the court cost. Not real happy about how it all ended, but at least it ended and a big load is off my shoulders.

It?s time to move on and enjoy all I can.

Thanks everyone who wrote to me with words of encouragement.

Phil-

 

[hensylee]

Thanks, Phil, for telling us how it all came out. I am sorry it wasn't a better verdict for you.

 

[Ross]

Phil I still think that injustices stink. I don't have all the facts concerning your case, not that it matters, but any medical case is almost impossible to win unless the patient passes away.

When I had my surgery and got the Staph infection off of the I.V. line and nearly died, my first thoughts when I was coherent enough were, I should sue. Since then, I've done some research into the cases heard in our town and it shows that in 90+% of the cases heard, judgement goes in favor of the Doctor(s). The figure drops to 60+% if they patient passes away before the case is heard.

In other words, we lose no matter what. It's not right, but it's how it is. I'm glad to hear that your case is official over. I know that doesn't make things right, but at least you know where the expenses stop.