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Emergency Room Failed to Diagnose Transverse Myelitis

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  • 10-03-2013, 10:55 AM
    Chablis
    Emergency Room Failed to Diagnose Transverse Myelitis
    My question involves medical malpractice in the state of: New Hampshire

    In Septmber, I experienced an intense burning pain in my arms and back. Thinking I was having a heart attack, I had my boyfriend drive me to the ER. After tests and xrays, the ER doc said I had a problem with the C5 and C6 in my neck. Feeling relieved that it was nothing life threatening, we went home after they gave me steroids and muscle relaxers. Shortly after returning home, the pain amplified to the point where I was screaming in pain. I have a very high pain tolerance so something was definitely wrong. We called the ER who told us to call an ambulance, which we did.
    Upon arrival, one of the paramedics asked my son if I had insurance and my son told him no, to which he replied 'Great'. They entered my home, didn't take any vitals, ignored my claims of numbness in my arms and hands, and proceeded to convince me that I really didn't want to incur a huge bill, that I wasn't sick enough to need a ride. Though I was in terrible pain and losing all sensation in my torso, I stupidly signed their refusal of treatment form, and boyfriend again drove me to the hospital.
    After arriving back at the hospital partially paralyzed at that point and visibly worse than before, the nurse had apparently decided that I was faking my symptoms and told me I wasn't paralyzed even though I couldn't hold a pen to sign something. The ER doc sent me for more tests, and despite now not beibg able to walk at all, sent me home AGAIN saying he didn't know what was wrong.
    At this point I was completely paralyzed but thought it was due to the muscle relaxer. I slept for a few hours and when I woke up, I finally realized that I was completely paralyzed and we called the ambulance again and they once again refused to transport me and I signed another form. We decided to go to a completely different hospital who diagnosed me with ttransverse mielitis, a serious neuro condition.
    Two weeks later, I am pretty much still paralyzed but slowly regaing some function.
    My question is given this chain of events, do I have a case against the ER or ambulance despite my signing the refusal?
  • 10-03-2013, 11:06 AM
    Mr. Knowitall
    Re: Emergency Room Failed to Diagnose Transverse Myelitis
    What difference did the non-diagnosis make to your treatment and prognosis?
  • 10-03-2013, 11:52 AM
    Chablis
    Re: Emergency Room Failed to Diagnose Transverse Myelitis
    The current treatment to stop the progression of paralysis is mega doses of iv steroids to stop the spinal cord from swelling though its difficult to predict individual response to the treatment. Some regain all function, some none. My prognosis is uncertain until we see where I am after thirty days.
  • 10-03-2013, 12:18 PM
    cbg
    Re: Emergency Room Failed to Diagnose Transverse Myelitis
    The ER's responsibility is not to diagnose you, but to stablize you.
  • 10-03-2013, 12:25 PM
    Mr. Knowitall
    Re: Emergency Room Failed to Diagnose Transverse Myelitis
    Quote:

    Quoting Chablis
    View Post
    The current treatment to stop the progression of paralysis is mega doses of iv steroids to stop the spinal cord from swelling though its difficult to predict individual response to the treatment. Some regain all function, some none. My prognosis is uncertain until we see where I am after thirty days.

    The question was, what difference did the non-diagnosis make to your treatment and prognosis?
  • 10-03-2013, 12:52 PM
    Chablis
    Re: Emergency Room Failed to Diagnose Transverse Myelitis
    Sorry, TM's rarity makes it difficult to know for sure what faster administration of those steroids would do but from what I've read, fast treatment lessens the damage to the spinal cord. If I had been correctly diagnosed at the outset, its likely that the paralysis would have stopped at my hands and arms rather than getting down my trunk, bladder, bowels, legs and feet.
    As far as difference in prognosis with faster diagnosis, I wouldn't have been completely paralyzed, only partially. I guess that would have resulted in less rehab and impact on my daily living abilities. Is that the info you're looking for?

    - - - Updated - - -

    Quote:

    Quoting cbg
    View Post
    The ER's responsibility is not to diagnose you, but to stablize you.

    They didn't manage to stabilize me either if that's the case.
  • 10-03-2013, 12:54 PM
    Mr. Knowitall
    Re: Emergency Room Failed to Diagnose Transverse Myelitis
    If your doctors agree that a delayed diagnosis significantly worsened your condition and prognosis, then you should discuss your case with a malpractice lawyer in your state.
  • 10-03-2013, 12:58 PM
    Disagreeable
    Re: Emergency Room Failed to Diagnose Transverse Myelitis
    How did they arrive at this diagnosis so quickly? Did they run a complete series of MRI or CT scans of your cervical area to rule out other diagnosis?
  • 10-03-2013, 01:00 PM
    Chablis
    Re: Emergency Room Failed to Diagnose Transverse Myelitis
    Okay, thanks Mr Knowitall:-)
  • 10-03-2013, 01:00 PM
    cbg
    Re: Emergency Room Failed to Diagnose Transverse Myelitis
    In order to have any chance at a successful lawsuit you would need expert medical testimony that but for the ER's failure to diagnose the condition, your condition would be significantly better AND that their failure to make such a diagnosis falls short of the appropriate standard of care expected of ER's of this size and in this location.
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