What would your reaction be if a doctor's error left you permanently disabled?

In My Humble Opinion
1

I’m usually just a lurker, reading the thoughts and musings of folks who make me feel less than smart, but an issue has arisen in my life on which I’d like to hear your opinion. This is long, but it helps me to vent when discussing this situation. I’m sorry about that. I also know that there are millions of people who are in much more difficult situations than I’m about to describe. I recognize this, but I guess I get really selfish when it’s my body and life that have been changed.

I underwent a surgical procedure last month. The surgery was major and came with some risks, so I was hesitant. However, the doctor convinced me that my quality of life would be better after the surgery than before, so I went ahead with it. During the deciding process, I had a list of questions I had prepared beforehand. The surgeon was very open and honest when answering. One of my questions was,“Can you guarantee me 100% that I will be no worse off after this surgery than I am right now?” Honestly, I didn’t expect a straight answer to this question, but he had no problem saying yes. I asked him again just to make sure and he repeated his response. Since he has performed hundreds of these procedures and has a fantastic reputation, I took him at his word. My wife was with me and she too was comforted by his response.

The surgery is now complete and things have not gone as planned. I had hoped that I’d be on the road to recovery that would eventually enable me to do physical activities (like running, climbing, and many family activities) that my condition prior to surgery made difficult due to pain issues from back problems. Before surgery, I was able to walk to my heart’s delight and do some other things. I couldn’t do many demanding physical activities (like skiing or playing most sports with the family) because my back issues prevented me from being able to get into the shape needed to perform at any reasonable level. The things I could do – like playing a quick game of basketball or something with the kids – came with some pretty intense pain that really limited my participation and took a toll on me for the next few days. I took pain medication to help deal with it when I had to, but I look at that as a temporary and not really safe solution. That being said, I could have stayed the way I was prior to surgery and lived a relatively happy life.

Now, I find myself unable to walk properly, with no guarantee that things will get any better. The surgeon tells me that I will heal 100%, just like he did prior to operating, but I find myself doubting his word. His examinations and conclusions seem to be a bit unrealistic when he goes over them with me. I realize that he’s the professional, but when he performs a test that I feel had lousy results, he seems pleased to the point of saying that there is really nothing all that wrong with me.

I hope he is absolutely right and soon I find myself virtually pain-free and able to do most anything other people in their 40s can do. Heck, I’ll settle for going back to having the pain by itself to worry about, just like before the surgery. Right now though, the pain is still there, and I’ve lost the ability to walk normally without outside aid. My question to you who have bothered to read this long post (once I get started on this topic, it’s hard for me to stop – my very patient and loving wife has had to listen to me spout this negativism daily for weeks now) is this: If this happened to you, what would your reaction be? If you were angry, could you get over it? Would you go through the grieving stages and eventually move on? Is there a chance that the surgeon’s error would come to dominate your thinking, especially since you had a real choice in the matter?

2

In your case, it sounds like he’s probably waiting for you to heal at the moment. Has he mentioned physical therapy? I’m not a doctor, but it does sound out of the ordinary to me to have major orthopedic surgery without follow-on physical therapy.

A month afterward isn’t very long… when I was 17 and in good shape, I had knee surgery to repair a torn ligament. It took me more than a month just to get off of crutches, and that was wearing a hip to ankle brace. If I’d evaluated it at a month like you are, I’d have been pissed off as well, because before hand I could walk fine with just some knee instability in certain positions. Luckily, I’d been prepared for the (relatively) short recovery and PT process to get back into shape to play sports, so in the end, it all worked out well.

I’d ask him to lay out the recovery and rehabilitation plan that he has for you, and to identify where along it you are now. That might make you feel better, I’d suspect.

3

I think you are feeling unnecessarily depressed at this stage. It’s way too early to expect to be pain free and jumping around only a month out of surgery. If you don’t improve in six month, then you have something to consider. I would still expect you to achieve the success your doctor has promised. And a positive attitude might help you get there sooner rather than later.

4

How long ago was the surgery? When you spoke with the doctor originally, when did he say you would be completely recovered?

5

I realize the OP is feeling frustrated right now, and recovering from surgery is not fun, but you need to but things in perspective. You "had hoped [you’d] be on the road to recovery, and you are on that road. It takes time to heal, and since your surgery was “last month”, at most you’re only maybe six and a half weeks out of surgery.

Heck, I had laparoscopic (less invasive) abdominal surgery last summer, and it took six weeks before I was allowed to lift more than 10 lbs for fear of causing too much stress on the surgical repair. And when I broke my ankle several years ago and had orthopedic surgery (clean break and relatively easy surgery), I was in a walking cast for six weeks and although I was officially healed at that point and they decided I didn’t need physiotherapy, it took a couple months before I felt I was back to normal.

In your extensive list of questions for the surgeon prior to surgery, did you get a chance to ask about expectations for healing times and any rehab/physiotherapy you might need?

I hope your title for the thread is deliberate hyperbole. FYI, “permanetly disabled” is what you would be if you were fully healed from the surgery with absolutely no expectation of further improvement in your lifetime.

6

I appreciate the words of encouragement. They’re nice to hear. I’m doing my best to have a positive attitude, but it’s tough. Maybe I should have given a few more details in my original post.

I’ve had back troubles since I was a teenager (most likely from contact sports and a physically demanding part-time job in high school). I had my first spinal surgery (for a ruptured disc and the debilitating pain that came along with it) when I was 21. It was successful, though I continued to have occasional problems.

My next major back issue occurred in 2005. I had surgery for another ruptured disc with the the problems as the first, only more extensive. It was not a success and problems during the procedure led to a 5-day stay in the hospital. My pain and parathesia continued, but I was not about to have another surgery.

As years went by, I realized that I’d become tremendously sedentary due to the pain that comes with physical activity. For a time, I was not going to have surgery again, so I took the needed medication, kept up with a limited physical therapy program, and sat on the sidelines.

About nine months ago, things started to get worse. I realized that something needed to be done or I was going to be on ever-increasing doses of medication just to be able to make it through the day. This was not a situation I desired or the life I wanted to live. I began to investigate my options. This led me to my surgery.

As I wrote in my original post, I was still hesitant, but the doctor talked me into having the surgery that would take care of my problems – a two-level spinal fusion (L4-S1). That’s a big deal surgery, but it was the only one that could eliminate (or substantially reduce) my back and leg/foot pain. The surgeon I chose (after talking to loads of people, including other doctors and medical professionals) has performed this procedure hundreds of times and uses the latest technology. He assured me that things would be great and that I’d be thrilled with the results. He said there would be a 4-6 week recovery period before returning to work and moderate physical activity, with complete medical clearance to do most anything coming within 9-12 months (the time period it takes fusions to heal). My spine would be fused and I’d be a happy guy. When I asked about worst case scenarios, he said that he’d never had someone not fuse and things typically went wonderfully. As I posted, he guaranteed that I’d be no worse off post-surgery than pre-surgery.

Four weeks later, I’m dealing with foot drop. And in the leg that never gave me much trouble at all. There’s almost no dorsiflexion in my left foot, I can’t walk on that heel at all, and raising the toes is a major ordeal. When I walk, I have to concentrate on picking the foot up so it doesn’t drag. Even then, it slaps the ground like a principal’s paddle on a deliquent’s ass with every step I take. That sound just serves to remind me that I still have loads of pain and increased parasthesia (to be fair, those things may disappear or sustantially reduce in the next couple of weeks).

So, somewhere along the line in my surgery, somebody screwed up. Whether it was the surgeon as he did his work or improper placement of my leg during the procedure, a mistake was made. I know that things happen, especially during major surgery (for example, I had a nasty case of aspiration pneumonia that sent me to ICU during my seven-day hospital stay when this surgery took place – they determined it occurred at the end of the intubation process). However, I relied on my surgeon’s word to make this decision and things went wrong.

Is it permanent? He doesn’t think so, but others, like the doctor who performed my EMG last week aren’t so sure. I’ll get the final results of that test this week, but based on the preliminary results that were communicated to me during and after the procedure, I’m not expecting good news. I’m willing to do all the PT it takes to heal up, but permanent nerve damage that leaves me unable to walk without using a brace for the rest of my life – and unable to run and do many fun things with my family – is not something that PT can cure. And it certainly doesn’t deliver on the promise my surgeon made to me and my wife.

My feelings on this fluctuate from day to day – sometimes hour to hour. I really should blame myself. After all, I’m smart enough to know that bad things happen no matter how prepared an expert might be. However, I went with this decision – one I didn’t have to make – based on the word of my surgeon. And now, life looks much dimmer than it did just a month ago. The idea that I made a decision that left me permanently disabled is a tough thing to deal with. I don’t think I’m anywhere close to accepting what has happened. I go from feeling that I’ll beat this no matter what to this really sucks to I’d like to smack the hell out of everyone in that operating room to total despair and self-blame. Like I said, it’s tough for me. Others might have a different attitude were they in my situation. How would you feel?

7

Though I could have meant it as hyperbole, I didn’t. One can certainly receive the prognosis of permanently disabled before full recovery from surgery. My spine may fuse just fine, but that has nothing to do with severe damage to my L5 nerve root and/or peroneal nerve. My pessimistic nature leads me to believe that the evidence points to bad news from my EMG this week. I think that permanently disabled is an accurate description of my situation, though I certainly hope I’m wrong. People can respond to my question just the same, hyperbole or not. Regardless of my situation, what would your feelings be in that situation?

8

Man that sucks. Hopefully it is just temporary. Since you had L4-S1 disc problems, did you have any problems with sciatica before and maybe the surgery irritated the nerve?

I’m not as familiar with what EMG can tell for sure about prognosis - does it just indicate the amount of nerve damage now, or can it somehow tell if any damage is temporary or permanent? My only experience with EMG was having one on my arm due to numbness and tingling in my fingers, which confirmed mild carpal tunnel syndrome - but the doctor who did the EMG never really mentioned anything about prognosis; but it did eventually get better on its own in my case.

Best of luck to you in your recovery.

9

Have you been diagnosed by a doctor (any doctor) with severe damage to your L5 nerve root or is this just your self diagnosis? What does your doctor say when you ask him about your foot problem?

According to you, your doctor told you that you wouldn’t have full medical clearance for 9-12 months, with an initial 4-6 week recovery period. You’re just barely passed that initial period. Your doctor’s pleased with your progress. I think you need to readjust your expectations, here.

10

This actually happened to me. I was going to the doctor for a regular check up, and my mind was on getting it done because I had other things to do that day.

The idiot doctor informed me I had kidney disease. I rushed home, checked the internet, and learned between all the sweet talk that dialysis and death were on the way. There was to be a six week wait before I could see a kidney specialist. I have never experienced a stark terror like I did from that news. I tried to work, but had to take a leave of absence. I wrote a will and two powers of attorney, and was obsessed with panic.

The kidney specialist informed me that I did not have renal disease, but my kidneys were deteriorating due to another medication I was taking. She switched to something else and I would be fine. I fired my health care provider, wrote the CEO a scathing letter an copied the news directors of all the TV stations. I heard nothing from television but at least I had damaged the health care providers reputation. I then changed heath care plans.

Three things I learned. Doctors are winging it, they know little about the practice of medicine. Remember half of every medical school class graduates in the bottom half of the class. And, once these doctors get a license to practice no one checks up to see if they keep up to date on medical developments. Do not let your doctor make decisions for you, you should make up your own mind. Your body talks to you. Don’t let a ‘fatherly’ acting doctor persuade you.

Second, pay $10 or $20 a month for a cheap term insurance policy NOW. Word gets around fast to insurance companies when you have an illness. I have had a problem with kidneys and pay $50 a month for a policy that is $10,000 coverage just because the computer picked up the words “renal disease.”

Fat cat doctors are more concerned about the profits of their medical corporation than they are about you. When you enter their office, all they see is insurance coverage entering their waiting room.

11

The damage to my L5 nerve root is based on what the doctor who performed my EMG said. He’s a spinal specialist in the neurosurgery group to which my surgeon belongs. My doctor is all peaches and cream when I ask him about my foot problem, but he’s only seen it once. He somehow overlooked it when I was in the hospital after the surgery. Perhaps my ending up in ICU with pneumonia decreased the chances he’d discover it upon examination, but it didn’t give me a feeling of confidence that I was the one who initally noticed it once I’d regained some sense of decent health. Even then, the PA who examined me blew it off as nothing.

Two weeks after leaving the hospital, my surgeon saw me in his office and examined my foot drop. He told me it was nothing serious and was really close to full function. Now, I may not be a doctor, but I know how my foot should work. I’ve had it for quite some time and it was far from perfect. It certainly could have been worse, but when he told me that he didn’t think that anything would show up on the EMG, I was really skeptical. The doctor I’ve seen for years for pain management examined my foot the next day and said that he expected the EMG to show plenty – and according to the doctor who did the EMG, he was right.

I don’t expect to be get over this surgery quickly. It’s a damned difficult one. But my foot drop has nothing to do with that prognosis. It was not part of the deal. Letting the spine fuse and going to PT to strengthen the muscles while the nerves settle down – now that is stuff I expect. My doctor has been pleased, based on the single time he has seen me. I hope he continues to be after he sees me this week and goes over the results of the EMG. Believe me, I’ll come on here and chastise myself for undue pessimism if he gives me good news. That would be a best case situation for me.

12

I agree with the advice to give it some time and trust your doctor for now…but also make sure that visits and what was said and test results are documented. Just in case.

I have a friend who, well over a year ago was given the wrong medication after being admitted to the ER…she ened up spending over a month in the hospital and has permanent kidney damage as a result. She has just now started proceedings against the hospital. She didn’t want to be a trouble maker or “whiner” but the bottom line is: she is ultimately in worse condition now than she was last February when admitted for kidney stones, is now able to be classified as permanently disabled, and it’s documented that none of this would have happened had she been prescribed the correct medication.

I feel for you. I don’t think you should blame yourself…medicine is not an exact science, but we all make decisions based on what medical experts tell us. I’d give it more time, but the bottom line is, if following the advice of a medical professional makes you worse, not better, there may be ground to sue.

13

I did have some sciatica, but it was in the other leg. However, it is possible that he irritated that nerve. I asked him that at my last visit, though, and he said it was unlikely because in the minimally invasive tlif he performed, he did almost all the work from the right side, not the left.

I’m not certain just what the EMG can show, either. I’ve only had one before and it was years ago. I’m kind of going on what the doctor who performed the EMG said and the comments from my surgeon as he ordered it. Though he said i=he really didn;t expect it to show anything, he did say that if there was damage he would get the information telling him where and how severe it was from the EMG. I think it can tell you how severe the damage is to the involved nerve cells. It can tell you whether they are firing for no reason and just how widespread the abnormalities are. From that information, the doctor can tell whether the nerves can heal on their own, how long that might take, and if there is a possibililty of complete recovery or not.

Thanks for your kind words. I appreciate it.:slight_smile:

14

A good friend of mine had spinal fusion surgery a couple of years ago. I do not recall the vertebrae fused, but they were on her lower back. She was in a car accident that injured her back and then re-injured it at a later date when moving a patient (she was a nurse).

IIRC, she was still flat on her back at 6 weeks with very limited mobility. She did regain function again and was even able to go back to Nursing again, although she is not allowed to lift more than 25 lbs.

15

Spinal fusions have many different successful outcomes, ranging from complete recovery to those who get only a partial relief of symptoms. Some folks are never allowed to lift anything heavy or even drive again. It depends on the degree of injury, the reason for fusion, how many vetebrae are fused, and which ones they are. The age and physical condition of the patient are also very important.

16

I appreciate your advice and think it is well-founded. Legal action is the last thing on my mind right now, as I wouldn’t take a million dollars in exchange for having foot drop for the rest of my life. However, if it becomes necessary, it’ll be something I look at. My wife and I have carefully documented everything that has transpired thus far. There are things that are not relevant to my original post that are rather disturbing. However, all I want is the full function of my leg back.

17

IANAL and I certainly don’t work in medical malpractice, but I believe it requires more than a less-than-optimal outcome to get a malpractice settlement. IMHO, of course. maybe we can get a medical malpractice attorney to comment.

18

Even then, I still think the final outcome is still months away. I hope it all works out for you.

19

IANAD and IANAL.

I read metric fucktons of medical records on a daily basis, though, so I’ve seen more than my fair share of bad backs and post-surgery office visits.

Don’t panic. You’re only a month out. Stick with the physical therapy and do EVERYTHING your doctor says.

I say that because if, God forbid, this doctor HAS messed up and you end up having to sue, you need to be able to show that you’re the most compliant patient on the planet.

**One of my questions was,“Can you guarantee me 100% that I will be no worse off after this surgery than I am right now?” Honestly, I didn’t expect a straight answer to this question, but he had no problem saying yes. I asked him again just to make sure and he repeated his response. **

If he actually DID say that (I’m not saying he didn’t say that, but I wasn’t in the room) … he’s the first doctor I’ve ever heard of saying such a thing, and it wasn’t very bright. And thing is … even if he did say that, I can guarandamntee you that the office note says “patient was counseled on the risks of surgery, including bad outcomes, blah blah blah and even death and agrees to proceed.”

If this happened to you, what would your reaction be? If you were angry, could you get over it? Would you go through the grieving stages and eventually move on? Is there a chance that the surgeon’s error would come to dominate your thinking, especially since you had a real choice in the matter?

If it were me … I’d reserve judgment for another 11 months (yes it can take up to a year, but usually not). Then, if I were still in bad shape, I’d definitely grieve. I’d also explore my options. Most doctors mean well and do their very best and definitely want you to get better as much as you do. There are some truly bad, negligent, dangerous doctors out there, though. If I thought that the doctor had truly messed up, I’d definitely talk to a lawyer.

hugs Hang in there. I hope it all works out :slight_smile:

20

I agree. It would seem that the cause of the unfortunate outcome would be the deciding factor. I’ll find out a bit more about that this week. In any case, I’m not collecting evidence for a malpractice suit. I’m trying to find out as much information about something that should not have happened in the first place. I went into surgery with a fully functional left leg. When I came out, something was different. I want to know what happened, why it happened, how it happened, and what it will take to make it right. I think all those things are important in making absolutely sure that I get the right treatment for this condition that I shouldn’t have in the first place - certainly not permanently. This is a huge practice that my surgeon belongs to. I have to guard against being a patient whose less-than-optimal outcome gets loss in the shuffle. I want everything possible to be done to make sure I’m fully healed. I don’t think that’s unreasonable.