Need Some Legal Advice (Malpractice)

Discussion in 'General' started by Mikayote, May 22, 2013.

  1. In 2009 I was diagnosed with Multiple Schlerosis. The diagnosis was made after an MRI that showed 13 lesions in my brain. Now I'm seeing a new neurologist here in Florida.

    He refused to accept my earlier diagnosis, asking me why I "thought" I had MS. Insead of setting up another MRI, he insisted on a lumbar puncture (spinal tap). During the process he bragged how good he was at the procedure, and how much he liked performing it.

    Two weeks later I had my scheduled follow up, and a different doctor in the same facility came in to see me. She asked why I had made the apointment and, somewhat confused, I told her that it was to go over the results of my spinal tap. She told me that I had never had the procedure done, and begain to try and explain it to me very slowly using small words, as if I were a child.

    I interupted her to let her know that I knew what a lumbar puncture was (I was a biomedical technician in the Air Force) and that I just wanted my results.

    So she sighed and told me to come in two weeks later.

    I come in, and first I have to sit in the waiting room for over an hour past my apointment time, then I was called back to one of the rooms in the back where I sat for an hour and a half.

    At this point one of this neruologists nurses walked in, and told me that the lab had lost my spinal fluid, and the tests hadn't been done.

    I asked her how that could even happen, and she told me that "someone" in this office had failed to draw blood to go along with the spinal fluid, and because there was no blood to compare to, the simply didn't do the test to check for MS lesions in the spin, and had discarded the fluid.

    She claimed that the lab was responsible, because they should have noticed the lack of blood and  called my doctor. She further claimed that that lab had accepted responsibility and someone would be calling me. Then she told me that I had to have another spinal tap.

    I asked to see the neurologist, and she said that he would be out to see me in a few minutes.

    I sat waiting for almost 45 minutes, before the nurse returned to me to tell me that not only would the doctor not be seeing me today, but she was instructed to tell me that if I did not allow him to perform another spinal tap, that he would refused to diagnos me with MS and that I would no longer be accepted as a patient.

    So I agreed to the procudure again. It's scheduled for the 4th of next month.

    Since the spinal tap, the neurologist has refused to see me, or speak to me. Which is sort of a pattern here; over half my apointments have involved waiting more than an hour past my apointment time, then being called back by a nurse to be told that since the doctor didn't have anything to tell me in person, I would not be seeing him today. And then I'm told to just go ahead and leave, with nothing done other than taking my blood pressure. Full apointment price though.

    So... is this malpractice?
  2. I don't know, but it sure as hell is not legal. Stop going to back before they kill you and go lawer up asap.
  3. Hell yes it's malpractice.  Get a lawyer ASAP!
  4. Lawyer it up! You said Florida, correct? Would you happen to be in Miami, Fl? 
  5. Fuck that shit...I'd recommend making an appointment elsewhere, and get a copy of documents at both places.
    Then talk to one of those spineless fucks at the local lawyer's club. :cool:
  6. Go check a lawyer out and see what he can do for you. Spinal taps are no joke and hurt like fuck. Hope you didn't get the fucked up headaches man, that shit is the worst.
  7. #7 Verdurous, May 23, 2013
    Last edited by a moderator: May 23, 2013
    ​From a legal perspective, I don't think so. Malpractice is extremely hard to prove regardless, so unless there's something you're not telling us like them screwing up the actual procedures, losing a lab sample and ignoring you in the waiting room don't exactly reach the level of criminal negligence. What you desperately need to do is contact your old doctor directly and get a hard copy of those medical records, then get a new doctor you can show them to. You clearly do not have a good relationship with this doctor and should stop seeing him. There's no sense trying to force someone who doesn't care about you to treat you because it's just going to get worse for you. Dealing with modern medicine is a nightmare, so I wish you much luck and that you feel better. Both of my step-grandparents had MS and I know how frustrating it can be at times.
  8. And follow up with a letter to the State Medical Board. :smoke:
  9. #9 Mikayote, May 23, 2013
    Last edited by a moderator: May 23, 2013
    I've never had a headache so bad. A friend told me to load up on caffine, and that helped.
    I'm in Panama City, and the neurologist I see is the only one that takes medicaid. And I know that malpractice can be hard to prove, but I guess I'll call a few local lawayers and see if I can get a free consult. And file a complaint with the state medical board.
    Thanks for the advice.

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