I had a surgery for a herniation at my L-5 vertebrae. The doctor removed the herniation but also left a fragment behind causing what they call a re-herniation. Even though I complained constantly about the pain the MD never wanted to get an MRI done until I was 7 weeks out from the surgery. By then the damage was done and scar tissue had adhered to my nerve.
When I spoke with him, I told him I didn’t know how the re-herniation was possible. I did everything I was supposed to do. He said “well it’s usually bad karma.” I have him on tape saying that.
I think I certainly have a claim for pain and suffering, if not medical malpractice (which I know is hard to prove). The surgery was April 2010. I had a second surgery in September 2010 by another surgeon because of what that first doctor had said and did (or didn’t) do.
The new surgeon stated he would have gotten an MRI at the 2nd or 3rd week to see what was going on. But the damage was done because the nerve acts like super glue, which is why I was in so much pain (my nerve could not move). I now have permanent nerve damage. I lost my job due to ongoing medical issues and I’m now on long term disability.
How do I find out who the doctor has for personal insurance to protect himself? His office will not give me that information. What else can I do?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Since its inception injuryclaimcoach.com and its members have always prided ourselves on being frank with our readers. When our readers tell us their pain is genuine we believe them. Sometimes though, readers believe the pain they suffered at the hands of others merits a legion of skilled Personal Injury Attorneys fighting for truth, justice and the American way.
Although well-intended as they may be, sometimes the underlying facts just do not support the reader’s retention of a cadre of lawyers. We often know from a study of the facts of a case that injuries, albeit genuinely painful, may never result in a substantial settlement. After Attorneys’ fees, expensive medical expert testimony and a myriad of other expenses attendant to a trial, we are concerned some readers might end up where they started, and sometimes worse.
These are the clients who may do better representing themselves. Many of these injured souls suffer what are know as “soft tissue” injuries. Although serious these types of injuries normally heal relatively quickly without the need for surgery or other medically invasive treatment. Often physical therapy and a good attitude are the best treatment.
As much as we don’t like telling our readers what they may not want to hear, we make our judgments based on the facts and the law as we know them to be. We want our readers to be medically sound and financially solvent. To that end we do our best to guide them.
Now we come to The Story of Elisa. Remember the cadre of attorneys? Hopefully they won’t be necessary, but from the facts you present your injuries go well past soft tissue. We believe without the representation of a skilled and highly qualified Personal Injury Attorney you may never receive the medical and financial justice you deserve.
From capturing your surgeon’s reference to “Bad Karma,” to the residual nerve or bone fragment reherniation, your case seems to scream out for justice.
Regrettably the doctor’s reference to Bad Karma may ironically become his own.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…
Search for a Previously Answered Question