# What would your reaction be if a doctor's error left you permanently disabled? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [July 18, 2011, 9:07pm UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495 "2011-07-18T21:07:18Z")\ **Posts on this page:** 13\ **Page:** 2
**Author:** ![basset\_hound](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/basset_hound/32/1432_2.png) [@basset\_hound](https://boards.straightdope.com/u/basset_hound)\ **Post date:** [July 19, 2011, 1:54am UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/21 "2011-07-19T01:54:02Z")
> [@PandaBear77](#): > > 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 🙂 Thanks, pandabear. Your kind thoughts mean plenty. I’m doing my best to do everything my doctor and PT has said. If things don’t get better, it’ll not be because I didn’t do everything I could. About the doctor’s statements: I’m sure you’re right. Even though my wife was in the room, the amount of papers you have to sign priot to surgery makes it tough to sue. The only grounds I would have would be negligence or something like that. On the other hand, if this is a result of a hospital positioning error, then the matter takes on a different look. If it turns out my peroneal nerve is the sole cause of this, then I’ll be mighty suspicious that somebody didn’t do a good job with my leg while I was on that table. Four hours can be a long time if your knee is pressing against a hard surface or turned the wrong way. Please let me say again, though: All I want is my leg to be fully functional again. My anger and anxiety will quickly fade once that happens. I can promise that no legal action would occur if that happens, regardless of the cause. My leg is all that matters. ---
**Author:** ![chiroptera](https://avatars.discourse-cdn.com/v4/letter/c/df705f/32.png) [@chiroptera](https://boards.straightdope.com/u/chiroptera)\ **Post date:** [July 19, 2011, 2:03am UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/22 "2011-07-19T02:03:45Z")
((hug))) I hope that if you persevere and follow your doc’s advice, you’ll regain use of your ler again. Seriously, it can take some time. I offered up my friend’s anecdote not to persuade you to take legal action (few people would choose legal remedies over functionality and no pain) but just as an IMHO: it’s an option. > [@basset\_hound](#): > > 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. ---
**Author:** ![PandaBear77](https://avatars.discourse-cdn.com/v4/letter/p/edb3f5/32.png) [@PandaBear77](https://boards.straightdope.com/u/PandaBear77)\ **Post date:** [July 19, 2011, 2:07am UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/23 "2011-07-19T02:07:28Z")
> [@basset\_hound](#): > > Thanks, pandabear. Your kind thoughts mean plenty. > > I’m doing my best to do everything my doctor and PT has said. If things don’t get better, it’ll not be because I didn’t do everything I could. That right there puts you miiiiiiiles ahead of a lot of patients. You’d be shocked at how many people go to one or two PT appointments and then disappear … and then fire their doctor a few months later and go to another doctor complaining that their surgery was botched. So it’s good that you’re sticking around and doing what you’re supposed to do. > [@basset\_hound](#): > > Please let me say again, though: All I want is my leg to be fully functional again. My anger and anxiety will quickly fade once that happens. I can promise that no legal action would occur if that happens, regardless of the cause. My leg is all that matters. Of course. I wouldn’t trade a million bucks in exchange for a foot drop, either. ---
**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\ **Post date:** [July 19, 2011, 2:16am UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/24 "2011-07-19T02:16:10Z")
If you have a doctor that guaranteed a surgery’s outcome, no matter how routine that surgery, you have the world’s worst doctor. Every single doctor I have ever been to, heard about, read about or have seen on TV has made it a point to tell the patient that every surgery carries risk, no matter how small the surgery. That seems like a foundational point in medicine. That being said, you are letting your mind control you. I understand how you are feeling, believe me I do, but the terror you are building up in your head is self-created. It’s been pointed out here already but you are progressing, more or less, at the pace that your surgeon anticipated. Doctors, however, are by no means masters of the human body and unexpected issues may arise. However, that doesn’t mean the entire surgery was a bust and you are permanently disabled now. Do everything that’s being told of you by the doctors and try to keep your head up. You JUST had very major surgery. That is an incredibly traumatic physical experience and patience is needed (easy to say, I know). Keep us updated as to your progress. ---
**Author:** ![basset\_hound](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/basset_hound/32/1432_2.png) [@basset\_hound](https://boards.straightdope.com/u/basset_hound)\ **Post date:** [July 19, 2011, 2:22am UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/25 "2011-07-19T02:22:00Z")
> [@chiroptera](#): > > ((hug))) > I hope that if you persevere and follow your doc’s advice, you’ll regain use of your ler again. Seriously, it can take some time. > > I offered up my friend’s anecdote not to persuade you to take legal action (few people would choose legal remedies over functionality and no pain) but just as an IMHO: it’s an option. Thanks, chiroptera. Among my many faults, impatience is right there around the top. I’ve got to give this some time. Hopefully, the EMG will provide good news and help me see that, given some hard work and time, complete recovery is possible. That result would be fine with me. I appreciate you sharing the story about your friend. If the worst happens and that time comes, I’ll certainly give that option some thought. ---
**Author:** ![basset\_hound](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/basset_hound/32/1432_2.png) [@basset\_hound](https://boards.straightdope.com/u/basset_hound)\ **Post date:** [July 19, 2011, 2:44am UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/26 "2011-07-19T02:44:24Z")
> [@jamiemcgarry](#): > > If you have a doctor that guaranteed a surgery’s outcome, no matter how routine that surgery, you have the world’s worst doctor. Every single doctor I have ever been to, heard about, read about or have seen on TV has made it a point to tell the patient that every surgery carries risk, no matter how small the surgery. That seems like a foundational point in medicine. > > That being said, you are letting your mind control you. I understand how you are feeling, believe me I do, but the terror you are building up in your head is self-created. It’s been pointed out here already but you are progressing, more or less, at the pace that your surgeon anticipated. Doctors, however, are by no means masters of the human body and unexpected issues may arise. However, that doesn’t mean the entire surgery was a bust and you are permanently disabled now. Do everything that’s being told of you by the doctors and try to keep your head up. You JUST had very major surgery. That is an incredibly traumatic physical experience and patience is needed (easy to say, I know). Keep us updated as to your progress. As hard as it might be to believe, that’s just what happened, though. He didn’t promise success - just that I’d be no worse off afterwards than before. I don’t think he’s used to failure of any type. This guy’s reputation is sky-high. He’s patient-friendly, very successful, on top of the latest technology, and is thought of as a real patient advocate. I really believe that he genuinely thought that after reveiwing the myriad of diagnostic procedures I went through, he saw so little chance of failure that he felt comfortable making the statement he did. His post-op assurance that my foot drop will be gone in a matter of weeks is probably a result of the same thing. Nothing happened during surgery (as far as he can determine) that would explain the foot drop, so it must be minor and a temporary condition. That’s a nice attitude and keeps the old blood pressure low, but I’m much more concerned. After all, this is my foot and my life. I have to assume that other things might have caused this, so I have to question all things to make sure that no possibilities are missed and no possible solutions overlooked. It is tough to stop feeding the doubt-monster in my mind. It keeps telling me that the doctor is overly optimistic so he can’t be believed, the x-rays are not showing everything about the placement of all that hardware in my back, and that the EMG is going to be bad news. In fact, I’m willing to bet that unless the reading of the EMG is based on numbers I can understand and seems objective, I’ll start thinking about getting a second opinion to read it or have another EMG done at Week 6 (two weeks away). ---
**Author:** ![ssherlowsky](https://avatars.discourse-cdn.com/v4/letter/s/ee7513/32.png) [@ssherlowsky](https://boards.straightdope.com/u/ssherlowsky)\ **Post date:** [May 22, 2014, 8:18pm UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/27 "2014-05-22T20:18:03Z")
> [@basset\_hound](#): > > 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? I had surgery in december 2013 a spinal fusion i was told id be back to work in 3 months its well over that and im now permanently disabled from the surgery and I cant sue because hes a well known doctor and no one wants to take him on it just sucks with what these doctors get away with ---
**Author:** ![ssherlowsky](https://avatars.discourse-cdn.com/v4/letter/s/ee7513/32.png) [@ssherlowsky](https://boards.straightdope.com/u/ssherlowsky)\ **Post date:** [May 22, 2014, 8:19pm UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/28 "2014-05-22T20:19:29Z")
I had surgery in december 2013 a spinal fusion i was told id be back to work in 3 months its well over that and im now permanently disabled from the surgery and I cant sue because hes a well known doctor and no one wants to take him on it just sucks with what these doctors get away with ---
**Author:** ![Becky2844](https://avatars.discourse-cdn.com/v4/letter/b/91b2a8/32.png) [@Becky2844](https://boards.straightdope.com/u/Becky2844)\ **Post date:** [May 22, 2014, 9:04pm UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/29 "2014-05-22T21:04:28Z")
You can look for a lawyer outside of your city and I _think_ even out-of-state. (Maybe somebody who knows will pop in.) Some doctors have every local firm on retainer so they _can’t_ represent against them. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [May 22, 2014, 10:01pm UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/30 "2014-05-22T22:01:10Z")
What no one ever wants to hear is that a bad result is not automatically a matter of malpractice or screw up. Sometimes you can do everything right and still get a bad outcome. You need to consult with a lawyer, sure, but also with another doctor. If you don’t have a reasonable chance of winning you may not want to go through a lawsuit. On the other hand, by getting expert review you might find you have a solid case. Good luck regardless. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [May 22, 2014, 10:17pm UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/31 "2014-05-22T22:17:16Z")
Here’s something I always wondered, but I wouldn’t want to find out The Hard Way. I belong to an HMO. They even have in the contract that they will not be liable for medical malpractice under any circumstances (but I’ve read the occasional story to the contrary). If I have a medical misfortune with them, and need extensive and expensive medical care for the rest of my life, could I expect at least that to be covered? (If one just goes by what the contract says, the apparent answer would be No, but I’m wondering how it really plays IRL.) ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [May 22, 2014, 10:45pm UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/32 "2014-05-22T22:45:52Z")
> [@ssherlowsky](#): > > I had surgery in december 2013 a spinal fusion i was told id be back to work in 3 months its well over that and im now permanently disabled from the surgery and I cant sue because hes a well known doctor and no one wants to take him on it just sucks with what these doctors get away with That’s unusual. If you have a valid case there are going to be lawyers who are willing to take it one. Doctors make ideal subjects for lawsuits - they’re heavily insured so the payout is guaranteed. That’s why there are numerous law firms that specialize in medical lawsuits. ---
**Author:** ![Melbourne](https://avatars.discourse-cdn.com/v4/letter/m/b5e925/32.png) [@Melbourne](https://boards.straightdope.com/u/Melbourne)\ **Post date:** [May 23, 2014, 8:29am UTC](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495/33 "2014-05-23T08:29:28Z")
My surgeon was very sure that there wouldn’t be any nerve damage. When there was nerve damage, he didn’t believe it. Which, in retrospect, explains how he could be so sure that there wouldn’t be any nerve damage. People who haven’t had surgery yet: ya gotta remember that surgeons are, by definition, so full of self confidence that they are ready to cut people open. I took the risk. It was a mistake: I’m worse off now than before the surgery, but that was only one of the possible outcomes: I talked to a lot of people who were better off after the surgery. I guess my final reaction is to side with those who warned me: never have optional surgery. If you have a choice, don’t do it. Only do it when you don’t have a choice anymore [Previous page](https://boards.straightdope.com/t/what-would-your-reaction-be-if-a-doctors-error-left-you-permanently-disabled/589495.md?page=1)