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  1. #1
    Join Date
    Aug 2011
    Posts
    6

    Default Misdiagnosis and Unnecessary Surgery

    My question involves medical malpractice in the state of: Texas

    hi, i was diagnosed with 2 cervical herniations in 3/11. after conservative therapy failed the MD scheduled surgery for 5/11. while in pre-op the MD stated that he did not think it was necessary to operate on both herniations as he believed all symptoms were only being caused by one vertebrae and "it result in a much larger scar" . okay... he's the doc, we're getting ready to roll back to the OR, i trust him.

    post-op no pain relief at all. go back to MD tell him i am still feeling the exact same pain and he tells me it's not my neck but rather my shoulder. sends to have an EMG. EMG results reveal that i had "severe and significant" nerve damage at the vertebrae he decided NOT to operate on that morning. ugh. i just about fainted i was so upset.

    MD never called me with results (the neurologist gave me the EMG results). i called a neurosurgeon, he examined, sent me for confirming tests and yes indeed the pain is from the vertebrae the first MD decided not to operate on.

    had another surgery in july. now feeling much better. out of FMLA however. job being very pissy, out of pocket 12K in co-pays and lost wages.

    is the way MD handled my care malpractice? i really feel it was as 1. he failed to properly diagnose 2. major unnecessary surgery

    opinions? advice? it's hard to get a lawyer in TX to take a med-mal case because of the damage caps... but this is wrong IMO.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Misdiagnosis/Unnecessary Surgery

    I suspect it was not possible to determine which disk was the problem prior to the surgery and using his knowledge, wisdom, and experience, he chose to operate on the one he believed was causing the problem. He was wrong. That is not negligence or malpractice, necessarily. You would have to have the case reviewed by experts to determine if the doctor should have known which disk was causing the problem. If it was not possible to make that determination, I do not see where he really did anything wrong.

    that, above, addresses the possible improper diagnosis.

    as to the second question: are you saying the surgery he performed was not necessary? Apparently it was the worse of the two bad disks.

  3. #3
    Join Date
    Aug 2011
    Posts
    6

    Default Re: Misdiagnosis/Unnecessary Surgery

    thank you for your reply.

    "as to the second question: are you saying the surgery he performed was not necessary? Apparently it was the worse of the two bad disks."

    i must not have communicated clearly. i apologize. the vertebrae the first MD operated one wasn't the worse of the 2 disks... the one he opted NOT to operate on was the one causing the symptoms.

    "I suspect it was not possible to determine which disk was the problem prior to the surgery and using his knowledge, wisdom, and experience, he chose to operate on the one he believed was causing the problem."

    there are diagnostic tests available... an EMG or myleogram prior to surgery would have verified location of the vertebrae/disc causing the problem. my second doc said as much.

    again, thank you for your reply. i meet with an atty tomorrow, but don't hold out much hope due to the low economic damages... since non-economic damages are capped in TX it is hard to bring suit against a doc. just isn't worth the time/money spent by the med-mal lawyers to pursue a case.

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