Was I deceived? : (

(deactivated member)
on 10/21/10 2:19 pm - San Jose, CA

Sadly, I have no idea.  Malpractice is controlled by state law, and I don't know Oregon law.  Sometimes, the statute is tolled when the malpractice cannot be easily discovered, until it IS discovered.  But she'd have to check with an Oregon attorney to be sure.

Just FYI -- sometimes, I know the answer to legal questions -- but mostly, I'm not a "real" attorney -- I'm a scientist who went over to the legal Dark Side.  I know biotech and pharmaceutical patent law, and a smattering of other stuff.  When I provide help to people with their appeals, it is not legal advice per se, but rather helping them prepare their letters to ensure they are addressing the issues raised in their denial, providing references that rebut the BS arguments, etc.

(deactivated member)
on 10/21/10 2:29 pm
I understand. 

Sowwy. I forget. 
Kerry J.
on 10/20/10 10:00 pm - Santa Clara, UT
Geeze Juney, that sure doesn't sound like a DS to me; to think that your surgeon may have done something to you other than what you had agreed to is just terrible. I think I would be talking to a personal injury or medical malpractice lawyer ASAP if I were you.

I sure hope you can get this sorted out and taken care of; your health is worth everything!

Kerry
(deactivated member)
on 10/20/10 10:59 pm
Get an attorney and request all medical records ASAP -- before any questions arise about legal action.  That way if there are any alterations to the records it can be documented.  Do you have a CT abdomen/pelvis or a laparoscopy planned to figure out exactly what was done?  An attorney will know exactly how to proceed and will most likely work on a contingency basis with you.  Defendants in a case such as this would involve not only your surgeon (who has purchased a tail policy on his malpractice insurance to cover situations such as this even after retirement), but also the hospital, its administrators, and any nurses involved in your care who may have had knowledge of any wrongdoing.  In an elective case such as this, every potential surgical intervention has to be listed on the informed consent form that you sign.  If it's not listed there it cannot legally/ethically be done unless it is at a later date after you have given consent or unless you had given power of attorney to a relative to make decisions on your behalf during the surgery.
stormy918
on 10/20/10 11:39 pm
I agree with Steve. Get copies of ALL medical records first...especially all records from the hospital concerning your surgery and hospital stay. Then get copies of all records since surgery. Then call a lawyer.

When it comes time for a surgeon to go in and sort this out...please make sure you get one of the big gun revision surgeons. Someone who you can trust to figure out what this ass did to you and fix it.

Darlene    DS ..9-19-06
OFFICIAL ANGEL
Kryst.......6-27-07
KellyKirk........8-6-07  now our DS FOREVER ANGEL....I will always remember
BettyBoop.....2-26-08
Jewel506...5-26-10
Ragamuffin...9-29-10
185# gone forever

 




(deactivated member)
on 10/20/10 11:51 pm
Can't offer more advice than what has already been said; I'm so sorry this happened to you.
(deactivated member)
on 10/21/10 2:10 am
You can tallk to a lawyer, but I think in Oregon you have to bring suit within 2 years.  Check with an attorney.

I remember that some Dr.s were using silastic rings on DS sleeves, I haven't seen much of that lately, some of the other old-timers will remember.  I lived in Oregon when I had my DS and didn't even consider the Doctors there, I just couldn't get enough info and I was not comfortable about it.

Are you hooked up with Dina?  Between her and your new gastro Doc, I hope you slow motility problems are resolved or at least made manageable.

I remember you from the Yahoo groups that I belong to, it's good to 'see' you, even if it is under these cir****tances.

Get yourself an attorney, they usually operate on a contingency basis for things like this so it will not cost you anything up-front or out-of-pocket.

Michele
Ms. Cal Culator
on 10/21/10 2:31 am - Tuvalu
I would add that getting as many records as I could get without the help of an attorney is how I would handle it.  I wouldn't want to set off any alarms.  My approach would be that "I'm just a post-op with a new doctor and I want to have copies of EVERYTHING."

Then, those records and I would go to the legal beagle and s/he could submit a request for more copies or for anything I mised.  But I'd want them to have as little time as possible to tamper with anything.

Oh...and I'd probably go in person and wait...I'd tell them "I'm sorry I didn't plan ahead and all that, but since I need them for an appointment, I'll just sit here while you guys pull my file and make copies.  I realize there will be a charge for that and I'm ever so sorry...but I really need to get them asap."

juney_b
on 10/21/10 3:05 am - Portland, OR
Thank you all so much.  I think I am still a bit stunned...things seem kind of surreal.  I did find all the records from my surgery which I ordered a few months after the surgery.  It 100% describes a DS.  I have to think a bit.  And yes, I am a friend of Dina's so hope to have her input.  I so appreciate your kindness.
mgpm
on 10/21/10 6:27 am
I don't have any advice beyond what the others have said.  I am sorry this has happened to you and I hope you find a wonderful doc to fix you up. 

Do be sly about getting your records....I think it's important you just get what they've got before they know you are looking into possible wrongdoing.

best of luck to you.

linda
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