Worth a fighting chance?

[db3024]

As of current day my health and quality of life has suffered greatly due to being misled into a so called routine surgical procedure. (turbinate reduction).

I was never given full disclosure on the severe complications that could occur.

Furthermore, I was not given any prior medical management protocol's for my mild nasal complaint (Inflammation). Not even any imaging or any sort of allergic testing or other means of treatment were given prior to going under. Just straight to surgery.

Since the surgery, I have had detrimental complications that affect my nasal turbinates which are far more complex then what you will find in a biased Google search. I can go more into depth through a pm on the exact damages.

To make sense of how important the nasal turbinates are. They not only serve as a front line defense organ to protect the nose and lungs from pollutants and airborne illness, but also have important nerves, sensory components that relay signals to the brain as it closely tied to the autonomic nervous system.

In countless cases world wide with those who suffer from my condition, the signals from the damaged nerves and receptors from these organs becomes dysfunctional also affecting autonomic breathing, nasal and lung health, degenerative health conditions to surrounding organs, body constantly being in a 24/7 state of fight or flight which is taxing on the nervous system,proper sleep and overall health.

Many report plethora of health conditions that follow that unfortunately get worse over time to the point where people who no longer want to suffer have taken their lives causing injustice to families.

The nature of this procedure has a bias of being "fool proof" and that nothing can go wrong or " rare" as a vast majority of specialists have come to popularize even go as far marketing this procedure online.

With all of this being said, I have not had luck seeking litigation due to nature of the condition which is acknowledged, though seen as a conflict of interest by many insiders within otolaryngology medical community. Drs who attempt to treat my condition are seen as whistleblowers and not given the respect or not given that chance/voice to create a consensus on what is deemed medically necessary for these lucrative procedures.

What are my chances of having a case for the lack of informed consent, failure to conduct proper medical management protocols before offering surgery, the incredible suffering I go through daily which has again cost me my health,job, quality of life.

Any help is appreciated.




.

 

[Redemptionman]

If you have not been able to find a malpractice attorney, then why on earth do you think strangers on a message forum can help?

I do not doubt your symptoms and the allegations but it is not how many attorneys you call but whether or not you call the right one willing to take your case.

 

[justblue]

As of current day my health and quality of life has suffered greatly due to being misled into a so called routine surgical procedure. (turbinate reduction).

I was never given full disclosure on the severe complications that could occur.

Furthermore, I was not given any prior medical management protocol's for my mild nasal complaint (Inflammation). Not even any imaging or any sort of allergic testing or other means of treatment were given prior to going under. Just straight to surgery.

Since the surgery, I have had detrimental complications that affect my nasal turbinates which are far more complex then what you will find in a biased Google search. I can go more into depth through a pm on the exact damages.

To make sense of how important the nasal turbinates are. They not only serve as a front line defense organ to protect the nose and lungs from pollutants and airborne illness, but also have important nerves, sensory components that relay signals to the brain as it closely tied to the autonomic nervous system.

In countless cases world wide with those who suffer from my condition, the signals from the damaged nerves and receptors from these organs becomes dysfunctional also affecting autonomic breathing, nasal and lung health, degenerative health conditions to surrounding organs, body constantly being in a 24/7 state of fight or flight which is taxing on the nervous system,proper sleep and overall health.

Many report plethora of health conditions that follow that unfortunately get worse over time to the point where people who no longer want to suffer have taken their lives causing injustice to families.

The nature of this procedure has a bias of being "fool proof" and that nothing can go wrong or " rare" as a vast majority of specialists have come to popularize even go as far marketing this procedure online.

With all of this being said, I have not had luck seeking litigation due to nature of the condition which is acknowledged, though seen as a conflict of interest by many insiders within otolaryngology medical community. Drs who attempt to treat my condition are seen as whistleblowers and not given the respect or not given that chance/voice to create a consensus on what is deemed medically necessary for these lucrative procedures.

What are my chances of having a case for the lack of informed consent, failure to conduct proper medical management protocols before offering surgery, the incredible suffering I go through daily which has again cost me my health,job, quality of life.

Any help is appreciated.




.

What state?

 

[db3024]

The ones I've called have been those cookie cutter free of charge referrals from what the local county offers. "call 555-555-5555 to deal with easy cases type firms."

Fighting for my life,my family and close ones and those who have gone through this same hell is my motivating factor to seek justice.

 

[db3024]

What state?

CA

 

[army judge]

I was never given full disclosure on the severe complications that could occur.

I find that hard to believe.

I'm a licensed osteopathic physician and attorney.
In California (as well as the other 49 states and our half dozen or so territories) notice is required, along with the patient's signature of the necessary contraindications and issues associated with the surgery/treatment.

Informed consent, mate.

You signed forms agreeing and consenting to many things before the scalpel cut you, or the anesthiologist put you to sleep.

In fact, you were given a copy of each such form upon which you scrawled your signature.

You may no longer possess your copies.

The surgeon, clinic, or hospital (as well as your insurer) has the applicable signed acknowledgments and/or consents with your signature affixed.


The California Patient's Guide: II - Your Right to Informed Consent

Home | MBC

Outpatient Surgery Settings | MBC

Informed Consent in Healthcare: What It Is and Why It's Needed

What are my chances of having a case for the lack of informed consent, failure to conduct proper medical management protocols before offering surgery, the incredible suffering I go through daily which has again cost me my health,job, quality of life

Based SOLELY upon your revelations hereinabove, I wouldn't bet the farm on your success, mate.

 

[db3024]

I find that hard to believe.

I'm a licensed osteopathic physician and attorney.
In California (as well as the other 49 states and our half dozen or so territories) notice is required, along with the patient's signature of the necessary contraindications and issues associated with the surgery/treatment.

Informed consent, mate.

You signed forms agreeing and consenting to many things before the scalpel cut you, or the anesthiologist put you to sleep.

In fact, you were given a copy of each such form upon which you scrawled your signature.




The California Patient's Guide: II - Your Right to Informed Consent

Home | MBC

Outpatient Surgery Settings | MBC

Informed Consent in Healthcare: What It Is and Why It's Needed



Based SOLELY upon your revelations hereinabove, I wouldn't bet the farm on your success, mate.

"Hard to believe." Many cases like mine unfortunately. Informing about severe side effects was not on the forms signed. Also failed to acknowledge all the other factors as far as the absense of medical management techniques tried before surgery which falls under medical negligence.

 

[Redemptionman]

Unless they leave surgical equipment in you or the surgical procedure leads to a life changing permanent injury usually nobody will want to touch it. It can take a lot of work sometimes but you should eventually find someone willing to work with you,. I would not give up but as has been mentioned you more than likely gave signed consent whether you knew it or not before the procedure took place. With the change in tort reform and depending on the state it happened it you could be facing a cap which makes it difficult for any attorney to take it on.

NM just saw you are in CA, so that puts a cap of 250k which would make it not worth almost any attorneys time to take. Sorry but this makes it more challenging

 

[army judge]

"Hard to believe." Many cases like mine unfortunately. Informing about severe side effects was not on the forms signed. Also failed to acknowledge all the other factors as far as the absense of medical management techniques tried before surgery which falls under medical negligence.

If you have PROOF, you'll READILY PREVAIL at trial.

I wish your health issues to improve, as well as success in the court room.

 

[db3024]

Unless they leave surgical equipment in you or the surgical procedure leads to a life changing permanent injury usually nobody will want to touch it. It can take a lot of work sometimes but you should eventually find someone willing to work with you,. I would not give up but as has been mentioned you more than likely gave signed consent whether you knew it or not before the procedure took place. With the change in tort reform and depending on the state it happened it you could be facing a cap which makes it difficult for any attorney to take it on.

Thank you for your input.

 

[db3024]

If you have PROOF, you'll READILY PREVAIL at trial.

I wish your health issues to improve, as well as success in the court room.

Thank you for the good wishes and advice.

 

[Redemptionman]

Thank you for your input.

Yep the cap if the source I used is correct is 250k this makes it challenging for any attorney to take. Typically in these cases it takes an attorney 300-400 k to prosecute these and that is before you even make it to the court room. Essentially closing the steps of the court. I wish you luck.

 

[army judge]

Thank you for the good wishes and advice.

Just a word of caution.

If in the future any surgery is required, make you fully understand and agree to everything before signing anything.

If it is an emergency surgery, make sure you create and appoint a person you trust to oversee your health care via a medical power of attorney, as well as an advance medical directive.

 

[Tax Counsel]

I was never given full disclosure on the severe complications that could occur.

Are you really sure of that? You likely signed a lot of documents prior to surgery. I've had a lot of procedures done over my life time and every time I've signed a document in which the procedure is explained, the risks are listed, and importantly I sign and acknowledgement that the doctor has indeed explained all the risks to me. Do you have a copy of all your paper work for the procedure? If you don't, then get that. You may well find disclosure and your acknowledgment of that in there.

Furthermore, I was not given any prior medical management protocol's for my mild nasal complaint (Inflammation). Not even any imaging or any sort of allergic testing or other means of treatment were given prior to going under. Just straight to surgery.

Well, understand that the right treatment depends on your circumstances. If, given the information your doctor had, surgery was the best option to treat your condition then it would not be negligence to recommend the surgery and skip the other stuff that would not work as well. You'd have to prove that recommending the surgery as a first option was a significant enough deviation from the standards of medical practice to amount to negligence by the doctor.

The nature of this procedure has a bias of being "fool proof" and that nothing can go wrong or " rare" as a vast majority of specialists have come to popularize even go as far marketing this procedure online.

There is no such thing as a totally "fool proof" medical procedure. But there are a lot of medical procedures that have been found to be very low risk for most patients. Low risk, however, does not mean NO risk. Even with very safe procedures, there is always a small chance of something going wrong. That's true even when the medical professionals involved did everything competently. If you are one of those rare few that has a significant bad outcome, that of course sucks. That the procedure is safe for the vast majority of people who get it is small comfort for those few for whom serious complications arise. It's important to understand, though, that a bad outcome does not necessarily mean anyone involved in your procedure was negligent. And that's the key here: you have to prove more than just that your outcome was bad. You need to have evidence that the reason it was bad was because some medical professional was negligent rather than just because you were one of the unlikely few to hit the bad outcome lottery. You need the testimony and report of an expert who will opine that there was negligence to win that, and such experts don't come cheap.

With all of this being said, I have not had luck seeking litigation due to nature of the condition which is acknowledged,

If you've seen several medical malpractice lawyers (and don't just go to those who advertise heavily) and they decline to take you that suggests you do not have a case strong enough to litigate given the large amount of time and money that is required to pursue these claims.

What are my chances of having a case for the lack of informed consent, failure to conduct proper medical management protocols before offering surgery, the incredible suffering I go through daily which has again cost me my health,job, quality of life.

No way to give you any informed opinion on that without reviewing all your medical records and getting the opinion of a medical expert.

 

[adjusterjack]

In fact, you were given a copy of each such form upon which you scrawled your signature.

Not necessarily. At my age I've been to a plethora of medical providers and on the vast majority of occasions I have had to ask for copies of what I signed. They don't voluntarily hand them over. I've tested that but signing the forms and handing them back. They put them in my folder and say something like "You're all set, you'll be called shortly." To which I respond, "Not yet, I'd like copies of all those forms I just signed." Then I get the stink eye and they go to the copy machine and make copies for me.

I'm a licensed osteopathic physician

But you're not the person sitting at the counter getting patients to sign forms.

 

[Zigner]

One does not undergo major surgery (e.g.: going under anesthesia) without acknowledging they were advised of the possible negative outcomes. Especially in California. I'd be willing to bet my next three paychecks that the OP signed something doing just that.

 

[db3024]

Are you really sure of that? You likely signed a lot of documents prior to surgery. I've had a lot of procedures done over my life time and every time I've signed a document in which the procedure is explained, the risks are listed, and importantly I sign and acknowledgement that the doctor has indeed explained all the risks to me. Do you have a copy of all your paper work for the procedure? If you don't, then get that. You may well find disclosure and your acknowledgment of that in there.

[QUOTE="db3024, post: 326098, member: 131922"Furthermore, I was not given any prior medical management protocol's for my mild nasal complaint (Inflammation). Not even any imaging or any sort of allergic testing or other means of treatment were given prior to going under. Just straight to surgery.

Well, understand that the right treatment depends on your circumstances. If, given the information your doctor had, surgery was the best option to treat your condition then it would not be negligence to recommend the surgery and skip the other stuff that would not work as well. You'd have to prove that recommending the surgery as a first option was a significant enough deviation from the standards of medical practice to amount to negligence by the doctor.

[QUOTE="db3024, post: 326098, member: 131922"The nature of this procedure has a bias of being "fool proof" and that nothing can go wrong or " rare" as a vast majority of specialists have come to popularize even go as far marketing this procedure online.[/QUOTE]

There is no such thing as a totally "fool proof" medical procedure. But there are a lot of medical procedures that have been found to be very low risk for most patients. Low risk, however, does not mean NO risk. Even with very safe procedures, there is always a small chance of something going wrong. That's true even when the medical professionals involved did everything competently. If you are one of those rare few that has a significant bad outcome, that of course sucks. That the procedure is safe for the vast majority of people who get it is small comfort for those few for whom serious complications arise. It's important to understand, though, that a bad outcome does not necessarily mean anyone involved in your procedure was negligent. And that's the key here: you have to prove more than just that your outcome was bad. You need to have evidence that the reason it was bad was because some medical professional was negligent rather than just because you were one of the unlikely few to hit the bad outcome lottery. You need the testimony and report of an expert who will opine that there was negligence to win that, and such experts don't come cheap.

[QUOTE="db3024, post: 326098, member: 131922"With all of this being said, I have not had luck seeking litigation due to nature of the condition which is acknowledged, [/QUOTE]

If you've seen several medical malpractice lawyers (and don't just go to those who advertise heavily) and they decline to take you that suggests you do not have a case strong enough to litigate given the large amount of time and money that is required to pursue these claims.

[QUOTE="db3024, post: 326098, member: 131922"What are my chances of having a case for the lack of informed consent, failure to conduct proper medical management protocols before offering surgery, the incredible suffering I go through daily which has again cost me my health,job, quality of life.[/QUOTE]

No way to give you any informed opinion on that without reviewing all your medical records and getting the opinion of a medical expert. [/QUOTE]Correct many documents and agreements are signed.

The major issue with these overly routine surgical procedures discussed above is that the risks are not fully being discussed and or put on paper. Let alone being warned verbally.

To make matters worse, documentation of adverse events are not reported after failed turbinate reductions.

This has been going on for decades as a retired Mayo clinic Otolaryngologist had blown the whistle about this problem 30 years ago.

 

[Tax Counsel]

Yep the cap if the source I used is correct is 250k this makes it challenging for any attorney to take. Typically in these cases it takes an attorney 300-400 k to prosecute these and that is before you even make it to the court room. Essentially closing the steps of the court. I wish you luck.

Your statement about the costs to litigate medical malpractice cases is inaccurate. While these cases are costly, most cases do not cost $300K+ to litigate. First, in most cases, the lawyer's fee is a contingent fee, meaning the lawyer takes a percentage of what is recovered as his/her fee. So what the lawyer is looking at is whether the lawyer's share of the potential award will be sufficient to compensate him/her for the time he or she has to spend on the case plus the costs that the lawyer bears, which will vary from law firm to law firm — some have the client directly pay more of those costs than others. The biggest chunk of the costs of litigation (other than the fee for the lawyer's time) is for the medical expert report and testimony, which can easily run into tens of thousands of dollars, depending on the complexity of the case.

Note that the average settlement amount for a medical malpractice claim is $425,000 per Attorney at Law Magazine. As the attorney's fee for that would be approximately one third, or $141,666.67, it's pretty clear that the typical malpractice case does not cost $300K+ to litigate. You are right that they are expensive to litigate and thus lawyers aren't going to take small value cases, but they aren't that expensive.

As for the $250,000 cap in California, that applies only to noneconomic damages, e.g. pain and suffering, loss of consortium, etc. A plaintiff is limited to no more than $250,000 of those kinds of damages but can win any amount of economic damages — medical bills, lost wages and other income, damages to property, etc. So a plaintiff could have any amount of economic damages PLUS up to $250,000 in noneconomic damages.

 

[Tax Counsel]

The major issue with these overly routine surgical procedures discussed above is that the risks are not fully being discussed and or put on paper. Let alone being warned verbally.

If the advisement was put in writing then it doesn't need to be given verbally. And in any event, if you signed off on an acknowledgment that you were informed, that's going to be a significant hurdle in your way.

 

[zddoodah]

NM just saw you are in CA, so that puts a cap of 250k which would make it not worth almost any attorneys time to take.

Just to clarify, the "cap" only applies to non-economic damages. There is no cap (in CA or any other state) on economic damages. "Economic damages" are those things that can be objectively measured (primarily, medical bills and lost wages). "Non-economic damages" are those things that are subjective (primarily, "pain and suffering").

That being the case, suggesting that this cap "would make it not worth almost any attorneys [sic] time to take" doesn't make much sense. Obviously, medical malpractice attorneys exist in California, and they take cases every day -- despite the statutory cap on non-economic damages. If the OP's case isn't worth an attorney's time, it will be because the merits of the case, evaluated together with the likely recovery, multiplied by the attorney's contingent fee share doesn't make it worthwhile. The statutory cap doesn't come into play since it applies to every case.

FWIW, there will be a ballot initiative in 2022 to increase the $250k cap.