Lawsuit

I am curious. Has anyone on here successfully or unsuccessfully sued a dr for malpractice or anything else. Not saying - you didn’t get the exact result you hoped for. Not because you are not completely pain free and you still have pain. But flat out dr went against the established protocol for treatment of your given diagnosis. I don’t want to leave anyone out but I am asking the “just chiari” patients. I know there can be so many other things that go with this that bring in complications that are out of anyone’s control - even the best drs. I would like to make clear - my father is an attorney - I am 43 and have never in my life sued anyone!! Even when a person hit me in a car accident I took 300 bucks to fix my car and didn’t even go through insurance because I was not hurt in the least. But I hear all these stories and I wonder if there were some penalty would drs start being more careful and recognize their own limitations and recognize a specialist. You can be a world renowned ns and still know nothing about chiari. Unless it is your area of special study and daily research - things are changing for the best treatment on a regular basis. Please do not use any drs names. Or the name of any attorney. But I would like to hear about your mind set as to why or why you did not sue. Anyone???

Cant say Anything really at all about it as Most Probably wouldn't.. Yet I will tell you... the Answer to your Question is hopefully To try and get some Amount of Justice !......Good Luck to you .. And Taking someone to Court is alot of work for everyone involved ..and it is Stressful..

Norma J

I had a family member that went to the ER. The Dr. said she had Bronchitis and sent her home with an antibiotic prescription. She collapsed at the pharmacy and died two hours later due to blood clots moving to her lungs. The worst part is the ER Dr called her PCP & he told the ER doc she was a psychiatric patient & to send her home. She was never a psychiatric patient. The PCP was wrong and so was the ER Dr. To this day her husband sees this PCP around this small town. He has never apologized & acts like he has nothing to be sorry about. There are sites online now where you can rate Dr's. You can also file an official complaint with your health insurer. I would sue. My Mother is a retired Hematologist. Dr's since the beginning of time protect each other. The only slap on the hand they get is their insurance rates go up...The AMA could care less. It's very sad that unless you are in the medical community....you don't have an idea about legal issues that has been brought against all medical providers. Not Just Dr's.

The lawsuit was successful in this case & the ER dr. lost her license in Va.

TracyZ said:

I had a family member that went to the ER. The Dr. said she had Bronchitis and sent her home with an antibiotic prescription. She collapsed at the pharmacy and died two hours later due to blood clots moving to her lungs. The worst part is the ER Dr called her PCP & he told the ER doc she was a psychiatric patient & to send her home. She was never a psychiatric patient. The PCP was wrong and so was the ER Dr. To this day her husband sees this PCP around this small town. He has never apologized & acts like he has nothing to be sorry about. There are sites online now where you can rate Dr's. You can also file an official complaint with your health insurer. I would sue. My Mother is a retired Hematologist. Dr's since the beginning of time protect each other. The only slap on the hand they get is their insurance rates go up...The AMA could care less. It's very sad that unless you are in the medical community....you don't have an idea about legal issues that has been brought against all medical providers. Not Just Dr's.

I think we have to remember that, with Chiari, the surgery is a "treatment" to slow down the progress of chiari and not a cure. Therefore, we may not get the result we hoped for. When I first decided to have my surgery, mine was so complicated because of the reconstruction needed, that I just hoped to wake up. Everything else was a plus. So it never entered my mind that the doctor might be guilty of malpractice if I didn't get the result I wanted. There is still a lot to be learned about chiari and the surgery and different doctors use different approaches; for example, some open the dura and some don't; so I'm not sure what the "established" protocol is. I was lucky to have a neurosurgeon with an excellent success rate for chiari surgeries (yeah, I checked it out before the surgery). I would hope that any doctor treating chiari patients would be clear about what the patient can expect as a result of the treatment, so there are not unreasonable expectations by the patient. If chiari is outside their area of expertise, then hopefully they would not attempt the surgery. I was fortunate that the first neurosurgeon I saw said it was outside his area and referred me to someone who did know about Chiari. When selecting a doctor, I think we have to be fairly aggressive in finding the right person to take care of it. I know some people are limited geographically and have difficulty financially going to the places where the "good' doctors are located. So, they may well end up with someone who doesn't have the experience with a lot of patients and their result may not be as good.

Shirley