Should I send a letter to my former doctor about his mistake?

In My Humble Opinion
1

Hello All,
I have been wrestling with something for about 7 years now. It has been bothering me and I am wondering if I should try to confront the issue or just let it go. In 2003 I had a severe back injury at work. I went to an orthopedic surgeon and he convinced me that I needed to have back surgery to fuse my vertebra. I ask a lot of questions as I was quite nervous about this, some of the questions were:

What is the success rate of the surgery?

He told me the the success rate was 85 to 90%. Since I am posting this you can guess mine wasn’t a success. Since the surgery I have done a lot of reading on the subject and found out that the true success rate is more like 15%. The 85% quoted is for the hardware being placed successfully, the surgery going through without major complications ie: infection, death etc… But the true, patient is cured and able to resume a normal life is about 15% at the National average.

Will I be able to resume work? What will I be able to do and not do as a result of this surgery?

He told me that yes I would be returning to work and that I would be able to do anything that I did before. I appreciated his optimism, but he neglected to inform me of very real and possible negative outcomes. In my mind at the time, although I knew there were risk with surgery is that I would be up and running like new in a few months. That is the impression he gave me.

Anyway, I elected to have the surgery because I trusted this man, I was in serious pain and I wanted to be healed. The surgery didn’t go off without a hitch. During the course of the surgery the surgeon nicked my dura. This is the “sack” that surrounds your spinal column and hold your spinal fluid. I didn’t know he had nicked it at the time, but only found out about a week later when at home I started having severe headaches. So bad I though that I was going to die at any moment, or at least my head would explode. I went to the ER and they discovered it after a painful spinal tap. I spent two weeks in the Intensive Care Unit and had to undergo a second surgery to fix the tear. While the new surgeon was in there he discovered some of the titanium screws used were loose and had to tighten them up.

This is the real problem for me. When I was taken to the ER and put into the ICU, the staff there told me how lucky I was that I came in and that I certainly could have died if the area where the spinal fluid was pooling has burst. They told me that until I had the surgery to repair it I was in danger. Of course I was scared and I tried to call the original surgeon who did caused the nick. He nor his office wouldn’t call me back. Not once, not at the hospital nor my home. I never received a phone call checking up on me. The new surgeon apparently did talk to him. However I was the one scared out of my mind and needing this man who I trusted to re-assure me that this could be dealt with. I feel that he abandoned me as soon as there was a problem and I expected a lot more from a doctor.

My family was of course upset and wanted me to sue. I didn’t because I didn’t think that he did it intentionally. Mistakes happen, but sometimes I think he deserved to be sued for walking away from a patient in his hour of need. (Yes, I am aware you can’t sue anyone for that, just saying)

This wasn’t the end of it. The original surgeon missed an injury to an upper vertebra and I had to go back in a THIRD time to have it repaired. To make a long story a bit shorter at times when I think about it I get really mad. Not at the mistake, but at the lack of true information concerning the success rates of the surgery but more so the he left me in the cold when he made a mistake. I don’t want anything from this man financially. My life has been pretty much hosed since then, on disability, pain killers everyday etc… I just feel as if I should “confront” him, possibly in a letter and let him know how it felt to be a patient that felt abandoned and mislead. Perhaps it won’t make a difference, but perhaps he might realize that this wasn’t right and save another patient this experience. Plus it might make me feel better “getting it off my chest”.

What do you guys think? Am I wasting my time and his and should just let it go? Or should I at the very least let him know the mistakes I think he made so he can avoid it again and possibly say a few words to ease my bitterness toward what happened? Thanks for the opinions.

2

I think that if you feel you need to write the letter you should. It sounds like you weren’t treated honestly and you have a right to confront him and hold him accountable for his actions & nonactions.

If it were me I’d ask him to meet with me to discuss it in person. He may not agree to do so but if he could you might get more satisfaction. If not, write the letter.

3

Well, I’d consider talking to a lawyer. Many will offer a consult without a fee, and might even send an official letter on your behalf. That will get a response, I guarrantee. The fact that you’ve required two additional surgeries and were evidently misled about the risks and potential rewards means this is legitimately in the realm of malpractice. At the very least, he should pay for the repair work.

I have a similar issue, because my dentist screwed up some fillings he redid. Now they intermittently hurt, and flossing is painful every single time. I haven’t called him on it even after he failed to do anythign with repair work simply because it’s not worth my time. I’d rather live with the pain than deal with him.

4

Check, but I bet the statute of limitations has run on this potential suit.
Business is business. The doctor is running a business. He’s no doubt glad to have your business well behind him without a suit. And much of the misfortune was within the bounds of the “standard of care” for the operation. The poor bedside manner and neglecting you afterwards were poor practice, but not something to sue about. I see no benefit to confronting the men, but that’s just me. Letting him live in your head rent free is not the way to go.

However, that’s not the end of it. You should still be able to file a complaint with your state who issues licenses for professional practice. Anybody who checks the doctor’s license will see that there is an unresolved complaint out there. Doctors work hard to avoid this notation on their record. That might provide some satisfaction for you and some dissatisfaction for the doc.

5

He’s not looking to sue, so your first part is mostly irrelevant.

The second part, however, is well worth following up on. Other people who look to this man to perform surgery on them have a right to this information when they are doing their own due diligence.

And I think the OP should do whatever it is (letter, meeting, letter that never gets sent) to get some closure on the situation.

6

Let people know about this, file a complaint, go for it.

He might well harm other people.

7

While the statute of limitations may be up on your ability to actively sue (though it sounds like you don’t particularly want to do that anyway), I agree with the others that it is the absolute correct thing for you to let your story be known to other folks who may potentially be facing the same situation with this surgeon that you did.

I’d get all my ducks in a row (timelines, substantiation, etc.), then contact the medical board, whatever other licensing agencies the doctor may have, and also the BBB. I’d also go on sites like Yelp and review, just so anyone Goolging him for info can find your story. I’d definitely explain that you think it may have been an accident, but your story seems perfectly fair.

8

Maybe write a letter but don’t expect a response. There’s no consequences really, that you could impose, and I’m sure this surgeon could give a flip if he loses your business. Plenty of other dura to nick down the road. It’s really the lack of follow up that you seem to have issue with (I don’t think the dura nick is actionable because that could reasonably happen to anyone by any surgeon and I would think that’s among the list of risks). And the doc won’t care. Because he can’t make any money by giving you a call to reassure you. He can’t bill that out to your insurance company. So what does it matter to him if you were in pain and frightened because of his actions?

9

Thanks for all of the replies. Like I said in the OP, I am not looking for a payday and the Dura nick I truly believe was just one of those things that happen. What bothered me most was the total lack of regard for a patient in dire need. I really thought doctors held themselves to a higher standard. My real motivation is two fold. First, I really don’t want someone else to be put on the back burner and face the fear and confusion that I did. It was really a nightmare. Secondly, I guess I just want to put the bitterness behind me. I realize that he is only human and mistakes happen. I don’t fault him for that. But I can’t seem to get past being mis-lead and being abandoned. Perhaps I should “grow up” and just deal with it, but my situation has had so many life changes that it is hard sometimes to just let it go. Depression from the lack of money, to the guilt of not working and the effects of the pain and the meds get to me. I appreciate all of you hear at the Dope. This site keeps me occupied and keeps my mind off my trouble for a while. I asked here, because the responses are usually respectful and helpful. Thanks again to everyone.