Medical malpractice??

[ILoVeNY25]

Hello Everyone,

I was just wondering if anyone was misdiagnosed or had any medical malpractice suits against any of their doctors. I'm in the process of talking to a lawyer about the misdiagnosis of my rheumatic fever. To make a long story short, I was once a healthy child until I was 12, I got very sick...Missed months of school and my pediatrician then diagnosed me with Strep Type B, When I had all the classic symptoms of Rheumatic fever, I had sprained my ankle, had fevers, became anemic, dxed with athritis...etc. So I got better, went on my merry way not knowing this disease was eating away at my heart. Had dental procedures without prophylaxis because I did not know of my heart condition. Then developed Endocarditis from a routine dental procedure. And that continued to deteriorate my heart. So, I'm in the middle of getting my medical records to show to the lawyers experts. Wondering if anyone had any similar misdiagnoses and if they followed a suit against the doctor?? To me, My pediatrician could have given me some simple antibiotics and this would never have happened to me, I would be a normal 19 year old and would have been able to bear children. The lawyer believes I have a very good case, I'll let you all know how it goes. Thanks for listening.

 

[JimL]

Congratulations, Nicole, on becoming a seasoned member (on your next post).
We've all been through so many medical tests and procedures and diagnoses that isn't hard to find cases of malpractice. My PCP diagnosed me with bronchitis and pneumonia, instead of CHF; I took him a page recently on the new test to distinguish between the two.
Your malpractice incident is certainly much more serious. I hope all goes well for you, if you pursue it.
With so much time ahead of you, it is likely there will be many medical advancements; perhaps you will eventually be able to bear children. Somewhere I read that a St. Jude's can last far longer than 30 years, more like six figures of years.

 

[Stevo]

30 years? I seem to remember reading a report that claimed that wear testing showed that the pyrolytic coating of a St. Jude can take 7 billion cycles or so (about 200 years) before it fails its safety thickness. Even then, it will not fail, it just isn't within SJM manufacturing tolerance anymore.
The valve should theoretically outlive you!

Regards,

Stevo

 

[Bill Hall]

Nicole - I had my RF when I was 10 years old. Even back in 1963, they new about RF and knew how to treat it. I don't know why my doctor didn't find out until one morning when I couldn't move my ankle. My heart damage was not that extensive, but they knew that one day I would have to replace the Aortic valve due to leakage. No malpractice, but I believe my doctor should have known and prevented the problem. I think your malpractice suit is definitely appropriate. Your effects are more damaging to your life than mine were. I hope the lawyers treat you well and you get some balance back to your life.

 

[joy]

I was misdiagnosed with a cold when i was in the middle of pulmonary edema, and yelled at for "wasting the doctor's time". I ended up driving myself BACK to the hospital because I couldn't breath about 12 hours later. I talked to my mom about filing a suit on the doctor. She works with some of the most prominent lawyers in MN, and she said that med mal is really hard to prove and win especially if you didn't die, which you didn't. I can't have any more kids, and I didn't even plan on having two. In fact, I got sydenham's chorea, and THAT was misdiagnosed, and because I kept having seizures, the navy thought i was on drugs, and wanted to take Ian, who was 7 weeks old at the time( he's three now) away from me. Granted, it's been a financial setback for us, but you are young, no kids, which could prove to be a good thing, and can go to college and make some money without paying for daycare. I know our situations are different, and the navy is REALLY hard to sue. Do you know when you had rhuematic fever? If not, it's going to be a hard suit. THey could say you never went into the doctor, and they never misdiagnosed you. Not to sound like a downer, but it's the truth. I do however, wish you luck, and hope that you win and fast!

 

[ILoVeNY25]

Hi All,

Last week my doctor obtained the medical records from my pediatrician who misdiagnosed me. He said he needs to wait and get some more medical records from the hospital I was admitted into when I had the endocarditis. My lawyer did go over some of the records with me, I know when I had the RF, It was when I got terribly sick in April of '95. Then a year later I developed the endocarditis. My pediatrican did do blood tests but only dxed me with Strep Group B, My mother was very relieved to hear it was only strep. When I was admitted in '96 they did a blood test to see if I had RF and the tests came back inconclusive. My lawyer is working very hard and is highly respectable here. He says he won't take on a case, He doesn't think he can win, Since nothing is coming out of my pocket unless I win, I'm sure he's working very hard. About the doctor tampering with the records and making appts. disappear, It will not happen, Due to the fact I have every insurance record of when I went to see her. I believe my doctor knows she messed up. And you know, I can't feel bad for her cause none of the money will be coming out of her pocket. I know this process will be long, and I know no money could ever really compensate me, But I think it's worth the try. I'll keep you all posted, Thanks for responding. I needed support that i'm doing the right thing.

 

[alicia]

Dear Nicole, I wish you the best of luck getting a good settlement. I took Redux (weight loss drug) for 2 months and so far its caused CHF x 3,DCM,mitral valve repair in 2001 and probably mitral valve replacement this year. I sued the manufacter and won a great settlement out of court. It took about 2 years,but it sure has helped with the dr bills and rx bills,since they knew what damages may occur and put on market anyway!! Well Good luck my friend. I know Im not as young as you (Im 41) but I was in perfect health (other than being overweight) and would not be in the shape Im in if it werent for those stupid pills. They ruined my life!! Hope you get all you deserve and then some. E mail me whenever you need to talk to someone. Friends, Alicia

 

[Mb]

I just wanted to add my two cents.

The only reason one would sue, is for the money. Now, this may seem crass on the surface. However, there is no question, Nicole, that your life has changed. For the rest of your life youwill be seeing Dr.'s, getting sicker than most people, cannot have children, etc. etc. etc. The money will make certain things easier. For example..adoptions cost money. Travelling to see Dr.'s costs money. Getting your INR checked, etc. etc. etc. - If they do find your Dr. at fault, then the money would make the changes in your life easier. So, go for it girl. If they did you wrong, and it sounds like it did, then you should be compensated. That is what insurance is for. - Marybeth

PS- My husband was mis DX'd also with pneumonia for two months, while he was actually in CHF. Finally went to another Dr. - So....I understand.

 

[Gail in Ca]

Sounds like you have a chance with your case, good luck.
How long after the malpractice does one have to file a suit?
Gail

 

[joy]

You have two years after the misdaignosis. I think, maybe more, but when I talked to the attorney, that's what they told me.

 

[allen]

My Stepdaughter suffers from Anxiety issues. Last Month,we took her to the hospital for an evaluation. After 6 or 7 hours of What felt like an interrogation,the now fired doctor diagnosed our 14 yr old stepdaughter as being suicidal. We were coerced into agreeing she be taken to a psychiatric hospital immediately. They Made her go in an AMBULANCE,causing more anxiety to our daughter,To a psychiatric hospital to be admitted for further tests.

After about ten minutes there,the psychiatric hospital staff said they saw no reason whatsoever that our daughter should have been brought there.

They wrote a letter to the original hospital that sent us there.

The doctor from the original evaluation has now been terminated.The Hospital is calling us nonstop apologizing and have even offered to cover the expenses of the ambulance transport.

This is one of the misdiagnose medical malpractice cases...

 

[Nancy]

Just a reminder. This original post is 8 years old. But this advice stands. If you are contemplating any kind of legal action for any reason, medical or otherwise, do not post anything about it on the Internet. Your opponents can and will track anything you say about the case and could potentially use it against your side of the case.

You may feel safe and secure here, but you are not. All of the Internet webcrawlers are all over all of these posts every day and they pick up everything that is said. Plus it stays on the Internet forever. Many of us have Googled our names and found our posts, word for word.

 

[dick0236]

Just a reminder. This original post is 8 years old. But this advice stands. If you are contemplating any kind of legal action for any reason, medical or otherwise, do not post anything about it on the Internet. Your opponents can and will track anything you say about the case and could potentially use it against your side of the case.

You may feel safe and secure here, but you are not. All of the Internet webcrawlers are all over all of these posts every day and they pick up everything that is said. Plus it stays on the Internet forever. Many of us have Google our names and found our posts, word for word.

Thanks Nancy. This is very good advice. For anyone thinking of legal action against anyone....for anything, DON'T use the internet for advice or counsel. To reinforce your point.....that "old" post of 8 years ago, is still around and available for all to see.

 

[Bill B]

Good luck. This could be a more complicated case than it appears. Are you sure the diagnosis was Group B Strep? That would be unusual. Almost all Strep infections in people your age are caused by Group A Strep. Confusion arises because Group A is also classified as ß (beta) hemolytic Strep. And ß hemolytic and Group B can get mixed up.

The diagnosis of Strep infection Group type is made by a lab test. If the lab got the the Strep Group wrong, Group B when it was really Group A, they would be at fault. Regardless, if penicillin were prescribed in the course of your initial Strep infection, whether Group A or B, and you took the full course of treatment (usually 10 days), the potential for developing RF should have been avoided. Completing the therapy is critical (especially the last few days) and many patients don't.

Also, although at one time antibiotic prophylaxis for BE was recommended for patients with a history of RF, in 2007 the American Heart Association concluded there is NO CONVINCING EVIDENCE linking dental, gastrointestinal or genitourinary tract procedures with the development of endocarditis. The guidelines no longer recommend prophylaxis prior to a dental procedure for patients with rheumatic heart disease unless there is some other complicating condition. So, it could be argued wih this information that prophylaxis would not have made any difference. Your attorney should solicit some expert advice before proceding too far. I'm not saying you don't have a good case, but based on what you wrote there are some things to clarify.

 

[pikacat]

i just wanted to post here that the SOL is not necessarily 2 years after the injury. it depends on your state and if you were a minor, or what the injury was. you should always consult with an attorney. the reason why the OP had so long to file suit was because she was a minor with continuing injuries. most states have 2 years to file suit when one should have reasonably discovered the injury if you were 18+ and had the capacity to file suit.

(this is not legal advice blablabla, you should always consult with an attorney in your state).

 

[Paleowoman]

Since the original post was 8 years ago, it would be useful to know if Nicole succeeded in her malpractice case.

 

[Jkm7]

I was thinking the same thing, Paleogirl.
I always want 'the rest of the story'.

 

[ILoVeNY25]

I was surprised to see the e-mail that this post was back to life. Wow, that was a while ago. I full heartedly agree with Nancy to keep your case private and not to post on the internet. Eight years ago, I was 19 and I've learned a lot since then. Get legal advice from a lawyer, not the internet.
I know some of you are curious if I won my case. Though I don't usually speak of it, I did win my case. I would have liked to see that woman lose her medical license because I really don't think she should be practicing but it is what it is. As for the statue of limitations, Pikacat is correct that because I was a minor the SOL did not apply.

Bill, I understand that the guidelines for prophylactic meds are different now but as far as I'm concerned I will always pre-medicate before a dental appointment because I can't explain to you, how much having BE changed my life.

-Nicole

 

[Luana]

Also, although at one time antibiotic prophylaxis for BE was recommended for patients with a history of RF, in 2007 the American Heart Association concluded there is NO CONVINCING EVIDENCE linking dental, gastrointestinal or genitourinary tract procedures with the development of endocarditis. The guidelines no longer recommend prophylaxis prior to a dental procedure for patients with rheumatic heart disease unless there is some other complicating condition. So, it could be argued wih this information that prophylaxis would not have made any difference. Your attorney should solicit some expert advice before proceding too far. I'm not saying you don't have a good case, but based on what you wrote there are some things to clarify.

Make you wonder if they changed the recommendation because of liability issues.

 

[Bill B]

I was surprised to see the e-mail that this post was back to life. Wow, that was a while ago. I full heartedly agree with Nancy to keep your case private and not to post on the internet. Eight years ago, I was 19 and I've learned a lot since then. Get legal advice from a lawyer, not the internet.
I know some of you are curious if I won my case. Though I don't usually speak of it, I did win my case. I would have liked to see that woman lose her medical license because I really don't think she should be practicing but it is what it is. As for the statue of limitations, Pikacat is correct that because I was a minor the SOL did not apply.

Bill, I understand that the guidelines for prophylactic meds are different now but as far as I'm concerned I will always pre-medicate before a dental appointment because I can't explain to you, how much having BE changed my life.

-Nicole

Man, did I miss that this was 8 years ago. Anyway, glad it was resolved in your favor. If I had BE I would certainly want to do anything that might prevent it from happening again. Hope you stay healthy!