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You are here: Experts > Health/Fitness > Health Care: UK > Medical Malpractice > Neuro damage
Expert: Jack Schroder - 11/1/2009
Question
QUESTION: Hello,
I see someone else has posted on here about Neuro pain and I need your opinion. On 10/05/09 I went in for a TKR I had a femoral pain blockade at this time, when I came out of surgery I felt fine as the block was working with the exception of the top of my thigh was hurting,once off the block I was in extreme pain nerves shooting down my leg,numbness,fire on bottom of foot ect. I went back to the doctor and he said he thinks its neuro damage and seems to know what happened in the surgery as he barely asked me any questions and said He wanted me to get an MRI right away and wanted me to see a pain specialist,(he then prescribed Gamapentin for nerve pain) I thought this was odd until I was looking online and discovered that people go to pain specialist if there going to be in pain for awhile.when I saw the doctor to get my staples out he said the MRI was fine but he wants me to see a NEURO doctor on Tues as he just doesn't know what is going on but repeated I had Nerve damage.I guess I will know more on Tues,I am very worried as I am A flight attendant and this could keep me from flying,I am only 49,if this is a lawsuit what would one ask for as far as compensation? my career will be finished, and I don't want to deal with this pain for another hour let alone 2 yrs or life. Please help me so I know what to expect.
I thank you for your time and consideration in this matter.
Sincerely,
Karim
ANSWER: You can expect endless pain. That is what will happen if you do not get help from a neurosurgeon. Neurologists can locate the source of your pain, but an easy guess is that it is an injury to the femoral nerve or a branch and that it is located where the anaesthesiologist tried to start the block. You say nothing about how this nerve block was done, or if you felt anything or heard anything while he waas working. But, it probably is NOT an injury because of the surgery. Although as soon as I say that, I can think of many things the surgeon could have done. His errors will or should show up on an MRI.
Now, you should see a malpractice lawyer. I have no idea what kind of compensation you can expect, but I'd ask for the moon if I were you. Laywers likke to negotiate and the negotiation will be beteeen your lawyer and the doctor's insurance company lawyer. Do not expect an outburst of generosity. Just hope that your lawyer is a fighter. Another problem is that in some states 'caps' are put upon settlements or verdicts. (They don't use that word, but that is what people are saying today when they say 'tort reform' Just less money) You may be unfortunate enough to live in a state that believes compensation for such an injury as yours is worth under $250,000. I suspect your losses will be considerably more than that because you are in a fairly high pay job, and have many years of productive employment ahead. Your lawyer will, if he has any brains, file a lawsuit and make a big demand right at the start.
The picture I have painted is grim. In the past nothing much could be done about nerve injuries, but today things look better. Grafts can be made. Nerves can be put together with parts from nerves of less value to you. I suppose within a few years stem cell repairs will be common, but that has to wait until the FDA gets off the stool and gets real. Then doctors will jump on the wagon and start sticking stem cells everywhere. But that is a hope that grows. So, don't give up. Medicine does change from time to time, and while old timers may never learn, the young guys coming up will be filled with ideas that sound crazy today but work just fine. So, hang on.
Get a lawyer soon. You don't want too many doctors playing with your case. Your lawyer will be more of a help than you can guess. Go, call your Bar Association and ask for a list and start talking to them. Choose a hostile old guy with money to fight for you. Go now.
---------- FOLLOW-UP ----------
QUESTION: Dear Mr. Schroeder,
Since posting this blog I have some new information and really need your advice.
I went to a neurologist and found out that I do indeed have nerve damage,I have the Femoral nerve and the Opterator nerve. The Neuro doc came right out and said the anesthesiologist screwed up.
I took this information and started contacting attorneys,they either have not called me back or one Lawyer was acting as if it was not that good of a case,and how judges normally go on the Doctors side,he was very discouraging to say the least.I would really need a Lawyer who would take the case on a contingency basis. I can not understand why they act like its not a big deal as it is to me. I am working on my knee all the time to keep it healthy but I can only do so much with this nerve damage. any suggestions? I will continue to look for attorneys but do you feel I have a case? and why is everyone acting like its not a big deal.
Sincerely
Karim
Answer
Since some changes in the law recording medical records passed a couple of years ago, lawyers have been running scared. First they have nothing but trouble getting your complete records. Second doctors are hiding behind this law and refusing to discuss medical matters with lawyers saying they do not have their patient's permission. Also, recent chatter about 'health care' has put lawyers even more on the defensive as the bad guys who caused doctors to over react and order many examinations nor required. At any rate, the atmosphere for lawyers has been poisoned recently. So, you are meeting an understandable reluctanc. Never take the reason a lawyer gives you as true. He may just have lost a case and is broke or wary. Or he may know the doctor. Or he may have too many open cases now. Or he may not know emough to tackle your case.
Another problem may be causing you trouble. Doctors and lawyer often have a close relationship. So you should go to another County to find a lawyer. Your library should have telephone books for nearby counties. Start calling lawyers in other counties and see what happens. Or, if you can, go to your state capitol for your search. Keep at it. Your case is a common one and lawyers out there have tried them. I suspect that many lawyers do not know much about the work of the anaesthesiologist in cases like yours. That guy is your main target and maybe the lawyers you talk to don't really understabnd that. Anaesthesiologists rarely work alone, but belong to groups, and so their insurance is much broader and offers a lawyer a far better chance for a verdict than single operators. So keep at it. Do not let your statute run out. If you are getting close to that, ask a lawyer, any lawyer, to help you file 'in pro per', or on your own behalf. That will save the statute and give youu usually three years leeway. Don't give up too easily. You have been hurt and you deserve some help.
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