Off Topic: Why Malpractice Lawsuits and Medical Board Complaints are Useless

You know I see problems. With that idiot podiatrist. I can NOT believe the medical board's findings. I can't tell you how much I wish I had the answer to make this all right. I will sit in front of Jerry Brown's office. I will go to every member of congress. I will write letters and walk a picket line. Anything - ANYTHING - to make sure that idiot 'doctor' never does this to another person. But even more, that she never practice medicine one more day.

I started the process of a medical malpractice suit and just couldn't convince myself to proceed once the attorneys told me what would happen. Or not happen. It was like going through the nightmare all over again when I was dealing with the attorneys. The ones I was dealing with were just as inept.

I am so, so, SO sorry that Tom and you and Geoff have had to go through this and are continuing to go through it. You know that if there's anything you need, anything at all, just ask. My heart just aches for you all.

kathy

I just can't believe how much time and effort I wasted thinking someone might actually do something.

I CAN believe that you spent that much time - because it's your precious child that has been wronged. But I know what you're saying, all that evidence should certainly have provided some other result.

I cannot believe this meets the standard of care. 1300 pain pills in 90 should be enough of a red flag. My heart breaks for all three of you.

Sue

OK, I feel like a heel for bringing this up. Yes, this is off topic, and could quickly go sideways. So, before it does, let me ask that we focus on how we can help you, as we can't use this forum for a litigation process.

That said, this is so tragic, and it seems like there could have been numerous times this could have taken a different path. We all get so focused on our abdominal surgeries, we forget that there are a million ways things can go so wrong elsewhere in our bodies. This just breaks my heart.

Tom has had to put up with so many different aspects of things going haywire in his young life, there does not appear to be any rhyme or reason to it.

What can we do for you? Hopefully someone with the appropriate experience will chime in with something useful for you.

Jan

There IS NO litigation opportunity for such cases in California--that is the point. Also that the current process allows ONE outside "expert" to overrule the findings from a year-long investigation that board investigators and staff consider significant. While this is not a j-pouch issue, it could happen with ANY medical issue. Mistakes happen, but patients deserve some type of recourse when practitioners are motivated by reckless ambition. This was just a trial run, in a forum where I still "know" a few people. My intent is to bring attention to the situation anywhere I can. Delete it if you wish--it appears I am unable to do so myself after a certain period of time.

Damn, darn....I am so sorry Connie...this is just not right. And it should never, ever happen...I admire your courage for even trying to fight and everything that you have done thus far.
Hope that you get some sort of help for this...and that your son's pain eventually subsides.
Sharon

Oh no, I definitely don't want to delete. I think it is correct that this could happen to any of us, and it it good to talk about how we can possibly avoid similar situations, or how to seek help when we find ourselves in one.

I think the point is well taken that we all pretty much at the mercy of our providers, and trust that they are acting in our best interests. How does anyone know when something is too experimental? I presume none of this was intentional, but that is cold comfort, I'm sure.

Jan

This is a VERY unfortunate turn of events and I feel for you and your son. It's unfortunate that doctors still have a lot of power and much is being done to transfer that power back to the patient, it will be a LONG process but I have hopes that this will happen. While reading your blog I read that you were trying to use a trial stem cell procedure. I just want to warn you (and everyone on the board) that there is NO evidence to stem cell treatment at this time. Unfortunately stem cell related surgeries have been linked to tumour growth among other negative health outcomes. Knowledge is power, always ask your doctor: how many times the procedure has been done before, is this "best practice", and what would you recommend if I was your father/sister/son etc. I'm so sorry for what happened to you Connie and I hope your son will start to feel better. Have you considered therapy such as Occupational Therapy, Physiotherapy, or acupuncture? I know these health care workers often help to work around chronic pain.

Thanks for reading and your input. These were autologous stem cells--concentrated marrow from his own hip, so it doesn't seem at all dangerous in terms of rejection or reaction. It is the last shot before amputation, and it's a freaking TOE; so even if it grows a tumor the size of Alaska, we have literally nothing to lose. According to the video, all 18 of the trials succeeded in healing the bones in 3-6 months.

Jan: I am convinced that the motivation for the initial surgery was AMBITION--the desire to develop a new technique and write another paper, not to take a conservative course that was in the patient's best interest. So while the outcome was not intentional, the decision to take the risk and even promote the idea as a "nothing to lose" proposition was.

It sure seems that way, Connie. Of course, as you've discovered, knowing intent and proving it are two different things. It just plain stinks.

On one hand, without innovation, medical advances would never happen. On the other hand, once new techniques are used on humans, there is an assumption there is a level of safety there. It sure would be nice if patients didn't have to become experts in order to make decisions.

Jan

On the other hand, whomever performed the first J Pouch surgery was probably very ambitious too.

From what I read here, it sounds like the initial surgery was advocated perhaps more aggressively than it should have been. Did this doctor ever suggest that you get a second opinion (meaning another surgical group or another foot specialist, not another doctor in the same group)? I always tell my personal injury clients to get second or third opinions if they are seeking surgical treatment to address pain management issues. Especially if they have the slightest doubt about what they are doing.

That's it right there Jan - the fact that many of us have to become uber knowledgeable about our conditions so that we can 'teach' our medical providers. If we're lucky, they listen or research on their own.

Connie has been extremely diligent regarding Tom's health for well over a decade. If anyone does diligent due diligence, it's Connie. And even that wasn't enough. That's what is so tragic and what chaps my ample arse about this situation. Tom has had way more than his unfair share of complications.

kathy

quote:

Did this doctor ever suggest that you get a second opinion (meaning another surgical group or another foot specialist, not another doctor in the same group)?

NO. And I know better and could not feel more responsible or worse about not doing so. But it was "just a TOE." I actually did not realize the proposed surgery would be so drastic and was shocked when I saw the x-ray. The podiatrist said she had removed "a big 'ol piece of dead bone" and that "It wouldn't have done any good to take off just a little."

Connie,

I can understand that. I had a lady call me a few weeks ago with a possible malpractice case who told me she had surgery on her second toe and apparently had no sensation in the toe postsurgically. She had not been seen by another specialist and was still recovering from the surgery, but I sent her over to a friend of mine who is specialized in medical malpractice (which I am not).

I sensed from her the same thing regarding her attitude about surgery - "it's just a toe". Younger lady in her 20s. She did not think there could be any issue that would be much of a big deal with a surgery on a toe.

She now has the opposite problem of Thomas, no sensation in the toe as opposed to pain in the toe.

The reasons for her surgery sounded complex.

What is so disturbing to me is not that it was experimental, but that it was so drastic--that a tiny fracture could lead to possible amputation was the equivalent of using a cannon to kill a mosquito--and that there was an implied remedy that has thus far failed. But I have argued myself blue in the face over this and gotten nowhere. All I can do now is post the facts and hope others will protect themselves.

Wow! Just, wow! As I was reading, I was hoping for the outcome that Thomas, you and your family deserve after all you've been through. I'm disgusted.

quote:

If anyone does diligent due diligence, it's Connie.

...no truer words have ever been said, Kathy! Connie, you've got to do all that you can not to let guilt slither into this equation. I know that's so much easier said than done -- but, honey...you have always been such an educated advocate for Thomas. The intent on this podiatrists part was so blatantly selfish and obviously, very determined. None of this is your fault. Thank you for sharing your story in hopes that it will help others. Huge hugs, Con!

Thanks, Laurie. I'm not quite done yet. I intend to send a link to a number of state legislators and a reporter or two--and also volunteer to help anyone working to change California's 1975 "tort reform" caps and expose deficiencies in the regulatory process. I just added today's photos--everything looking OK, but still gross.

So sorry... not sure what else to say. Makes me want to cry for the pain, frustration, suffering, and obvious anguish. Who would have thought.

Steve

Connie - I had no idea this was going on! I am so sorry for Thomas and you for everything this has put you through. Suzan and I are both praying for a recovery to finally come through so you can all move on from this. I would be mad as hell too and would take it as high as I could to get justice.

Thanks, Tricia (and Susan). I have not written to all the legislators yet, but just sent a letter to Blue Shield of California's (outgoing and new) CEO's. Since the company is paying tens of thousands of dollars (probably more like $200,000+) to fix this, and since the internal "investigation" they supposedly did last April went nowhere, I thought they might be interested--especially since the Med Board later DID determine one act of simple negligence in the podiatrist's narcotic prescriptions and sent her an "educational letter." But this is more of a hobby than an obsession now, because I have no longer have much hope of any meaningful recourse. From what I can see on the stat counter, except for my State Assemblywoman and other j-pouchers, no one I've contacted even bothers to read the blog.

Actually, writing letters to CEOs on legal matters can be an effective tool to resolve issues, especially if the letter comes from legal counsel. Years ago I represented a small business which had a banking issue with their bank which was the local branch of a large national bank. My client made a six figure deposit at the bank and a 5-7 business day hold was placed on the deposit but no communication of that fact was made to my client. Apparently, the bank's new employee did not give the slip that usually contains a 5-7 business day hold warning on it.

My client then issued many checks against the deposited but held monies, and all of those checks bounced, one of which was a payment of taxes to the Connecticut Department of Revenue Services.

I wrote a letter to the CEO of the Bank about the matter and it was acknowledged and the matter ended up being resolved to my client's satisfaction with my client being made whole and letters of apology being issued by the Bank to the recipients of the rubber checks.

Connie, I know you indicated previously that you could not get an attorney to take the malpractice case but I would suggest you may want to retain an attorney in California to write letters on your behalf. You sound like an intelligent lady who is well informed but these kinds of letters have more cachet when they are written by an attorney. I am not trying to drum up business for my California brethren, it is just a fact based on my experience as an attorney. I have actually been hired in the past to write letters not only to CEOs but regulatory bodies as well as the usual Dunning letters in collection matters and cease and desist letters. Somebody out there would probably do it on a small flat fee basis.

Good luck with it.

Interesting idea, barrister. Unfortunately we are well beyond the SOL, so I don't think there is the remotest chance of recovering such an investment on my part. If I had money to burn, I would totally do it regardless, but as it is, I have higher priorities for my limited funds than retribution. Certainly the health plan has deep enough pockets to take a run at recovering their costs, and I would love to inspire them to try. But I imagine even a quarter mil is relatively small potatoes to them.

A small victory. The CEO's secretary just emailed to let me know that their medical director will review the records. If he finds a history of problems, one result could be a peer review and a decision about her continued participation in the program. Never say "never."

A small victory is still a victory! Good for you, Connie!

How's Thomas doing on that Vanco?

Jan

Canker sores (seem to happen with any kind of physical stress) and pretty persistent stomach pain, otherwise OK--probiotics seem to help. Line needs declotting, so we're currently in adult infusion at the Cancer Center--things could be worse!
And the email was from an SVP, not a secretary.

Nice, everyone's "dream," sitting in the cancer clinic....Home health doesn't do that stuff?

Jan

Saline & heparin didn't do the job, and TPA apparently requires monitoring, which can't be done at home.

I suppose. Having a central line can be dicey stuff...so yeah, I can see the point in making sure something isn't going sideways.

Jan