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Message

re: Calling OT legal experts: Medical Malpractice

Posted on 1/11/17 at 9:02 pm to
Posted by UF
Florida
Member since Nov 2016
2696 posts
Posted on 1/11/17 at 9:02 pm to
I'm going to take a guess and say that this resulted because of a failure in basic medical practice.
- Appointments (meaning face time) getting shorter and shorter
- Standard physical examinations are not conducted, Symptoms are reported, Signs are observed
- Chief complaint was breathing, first few doctors did not do a physical, did not look for signs, did not conduct any questioning that would have prompted them to look at signs in a physical examination
- Breathing issues accompany heart issues many times, and those docs should have take some steps to rule out the heart stuff and clearly they didn't
- Red flag was swelling which would have been discovered with a physical exam and rudimentary questions that even middle schoolers can be taught such as 'does your jewelry fit tighter than it did'

The problem wasn't breathing, it was heart failure. When the heart fails to pump an adequate amount of blood out to the body, the body senses this. The body reacts as if it is low on blood volume and a large cascade of events take place to increase blood volume. But this serves to overload the heart, function does not improve, and it's a downward spiral. Plus, lack of output means major organs can be deprived of blood flow. The reaction to create more blood volume and the inability to move it around creates swelling which accumulates everywhere and can accumulate around the heart, lungs, chest area, as well as feet and hands.

The big question is finding what got all of this started.

One thing for sure though:
Cardiac output drops -> Endocrine System responds -> Kidneys help in retaining fluid -> Blood volume goes up -> Blood volume not circulated -> Swelling -> Breathing problems

This is basic physiology. You don't even need to climb into pathophysiology to understand this is going to occur.

Those doctors are morons. At a minimum their other patients deserve to know they are sitting in front of idiots that they have to pay stupid amounts of money to, just so they can display their ignorance of the most fundamental parts of human physiology and medical practice.

Medical errors are only beaten out by cancer and heart disease as causative agents of death in the US.

You had heart problems and medical errors trying to put you in the ground.

In my opinion it's malpractice. They failed basic standards of care in my estimation. The question will be legal standing and then, if it is malpractice, what are the damages. I assume they would argue you'd end up having all the same procedures and surgery anyway, they just delayed it. Proving their error, costing you time at a minimum, is responsible for permanent organ damage would be tough. I do think it would be fair for them to refund all fees you paid, and pay for your time that you wasted before seeing a cardiologist, and somehow this should be annotated somewhere so their other patients can see what idiots they are.

These docs screwed up and they should be held responsible, but the idiotic system we have that crushes doctors with paperwork should disappear as well. It's a ridiculous burden on them that contributes to error.
Posted by CamdenTiger
Member since Aug 2009
66026 posts
Posted on 1/11/17 at 9:04 pm to
Well said!
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74554 posts
Posted on 1/11/17 at 9:05 pm to
quote:

. I would think you would have had a murmur if you were to the point of heart failure


When I was about four or five years old (mid-70s) I was diagnosed with a heart "murmur". The docs sent me to a ped cardeologist in Birmingham. They said if I didn't "outgrow" the murmur I'd need open heart surgery which atcthat time was pretty dangerous, especially on a kid. So every few months I had to go get an echocardiogram done to check out my murmur. I thin I was in about fourth or fifth grade when the docs finally declared I'd outgrown it and was given an all clear.

That was the last time I'd thought about my heart until now.
Posted by UF
Florida
Member since Nov 2016
2696 posts
Posted on 1/11/17 at 9:06 pm to
quote:

So because my opinion is different than yours, I'm an idiot?


You do a fine job of demonstrating you're an idiot without having to disagree with anyone at all.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291629 posts
Posted on 1/11/17 at 9:07 pm to
have you had to pay anything out of pocket?
Posted by northshorebamaman
Mackinac Island
Member since Jul 2009
38562 posts
Posted on 1/11/17 at 9:08 pm to
Darth is gonna kick the bucket before he reads all that.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74554 posts
Posted on 1/11/17 at 9:08 pm to
quote:



You need a referral Darth?


I think I do. I called this firm Morgan & Morgan today and the lady told me they don't practice here in Alabama. But I looked at their website this evening and it says they do. I got another number for them off their website and I'm going to call tomorrow and try to talk to someone different.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34932 posts
Posted on 1/11/17 at 9:11 pm to
All I fricking said was that I believe it's wrong to sue doctors when they make mistakes


You're only getting one side of the damn story (not that darth is lying because I believe what he's saying). people are calling the doctors lazy and morons etc when they really don't know shite... the DRs could have genuinely thought they treated him correctly..

A few times my doctor has diagnosed me with a sickness (not as serious as DV's situation) and prescribed me meds.. after a few days I felt no different and he brought me back in to try again.. he made a mistake the first time, so what, he's a human.. I see no need to ruin his career over it



Different strokes for different folks I guess
This post was edited on 1/11/17 at 9:12 pm
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74554 posts
Posted on 1/11/17 at 9:11 pm to
quote:

have you had to pay anything out of pocket?


Doctor, surgeon, and hospital bills are still coming in. Hospital bill is about $800 though I think that's an error on their part and should be less. I've got BC/BS.

BTW, thank god for insurance. From looking at all the statements, the total cost of everything, two surgeries, month in hospital, etc, came to almost one million dollars.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34932 posts
Posted on 1/11/17 at 9:12 pm to
BCBS is awesome, we can agree on that
Posted by chuckie
Member since Jun 2005
1038 posts
Posted on 1/11/17 at 9:13 pm to
Immediate swelling in lower extremities and difficulty breathing are symptoms of several illnesses pneumonia and CHF are 2 biggies. In thos first visits did they ever draw blood? A couple of simple blood tests from there could tell the difference between several diagnoses.
I'm trying to figure how weight gain swollen legs/ankles and difficulty breathing didn't add up to CHF especially at a hospital ER. That being said, malpractice will be hard to prove.
Mistakes happen. Get a new PCP for sure.
Your need to know the tests that were run and the outcomes of thos. Did they do tests that would have pointed to CHF? And then ignored them? the only way you'll find that out is to go to a lawyer and go through discovery.
Maybe you could get the records from the hospital by asking at medical records. They don't like giving the info to you but it belongs to you. Then you'll need someone who knows what all that crap means.
The people in this thread who bitch about people who go to lawyers to sue are full of shite if they don't believe doctors make terrible mistakes and some are totally incompetent.
All lawyers are scum is easy to say. I put one thru law school and then had to divorce her. I have more reason than most to not like lawyers. They're all scum until you need one
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74554 posts
Posted on 1/11/17 at 9:15 pm to
quote:

UF



I think you hit the nail on the head.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13879 posts
Posted on 1/11/17 at 9:15 pm to
We're the initial family doctors you PCP or urgent care docs?

Did you question why all of a sudden you developed asthma after not having it the first 45 years of your life?

I hate it when family doctors give steroids for everything. It's side effects can really cloud the picture for making a correct diagnosis (leukocytosis, swelling, etc). Not that this diagnosis was all that difficult (definitely a horse and not a zebra).
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34932 posts
Posted on 1/11/17 at 9:15 pm to
quote:

They're all scum until you need one


Same with doctors, cops, politicians, etc
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34932 posts
Posted on 1/11/17 at 9:16 pm to
quote:

You do a fine job of demonstrating you're an idiot without having to disagree with anyone at all.


How?? I've asked you twice now
Posted by Lester Earl
3rd Ward
Member since Nov 2003
291629 posts
Posted on 1/11/17 at 9:16 pm to
i got a $50k medical bill after an emergency heart procedure few years ago & had no insurance

i def think you need to explore some action, but it sounds like you are. You could very well be dead
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74554 posts
Posted on 1/11/17 at 9:20 pm to
quote:

You're only getting one side of the damn story (not that darth is lying because I believe what he's saying). people are calling the doctors lazy and morons etc when they really don't know shite... the DRs could have genuinely thought they treated him correctly


Here's the thing, I've had numerous doctors and even nurses tell me anyone who's got even rudimentary medical knowledge should be able to easily see I was in congestive heart failure. If this was sosmw exotic and rare condition I could cut them some slack. But over a three month period I saw them multiple times with ever worsening symptoms... obvious symptoms. And they missed them every time. They never did diagnose me. Like I said, had I just stuck with them and their care, I'd have died before Thanksgiving when fixing my problem was as simple as open heart surgery.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34932 posts
Posted on 1/11/17 at 9:20 pm to
Damn man what happened
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34932 posts
Posted on 1/11/17 at 9:21 pm to
quote:

I'd have died before Thanksgiving when fixing my problem was as simple as open heart surgery.


Damn, now I know why I couldn't get under your skin, you're just thankful to be alive
Posted by HarryBalzack
Member since Oct 2012
16364 posts
Posted on 1/11/17 at 9:22 pm to
"Standards of Care" is the key phrase. I was thinking you had something up until the ER doc. That's a totally separate opinion that reached the same diagnosis. Go see Shunarah. He is your attorney.

Just what kind of surgery did tgey do for congestive heart failure? That's caused by weakening of muscle and enlarged heart tissue. Typically too late for successful bypass at that point, plus if it was caused by blockage you would jave had symptoms before now, especially at your age.
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