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Author Topic: LAWSUIT VS PT?  (Read 4871 times)

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Offline EMANN

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LAWSUIT VS PT?
« on: November 16, 2006, 04:56:44 PM »
Would I have a case vs the physical therapist if I got hurt under their care?  I called a lwyer and he said it would be difficult to prove.

Offline Leentje

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Re: LAWSUIT VS PT?
« Reply #1 on: November 17, 2006, 12:09:20 PM »
I am not with you... :-[ WHY??

H
Bilat patellar malalignment/PFdysplasia
00/06/83 L wrist #
11/12/00 L knee LR + chondroplasty
21/08/02 L knee TTT
02/03/04 L knee stretched PCL
11/09/07 L ankle dislocation/medial avulsion #
25/05/09 L ankle medial avulsion # AGAIN!
05/06/13 R ankle dislocation

Offline simplyjen

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Re: LAWSUIT VS PT?
« Reply #2 on: November 17, 2006, 05:00:47 PM »
I would think so....people have lawsuits against chiropractors all the time, so why not physical therapists? I'm a legal secretary at an insurance defense law firm and we deal with plaintiffs who are injured (or allegedly injured  :-\)  It would have to be documented somewhere in medical records that you are hurt, either in the PT records or in your OS records.  You might want to contact an attorney who specializes in medical malpractice.

jenn
- 42 y/o; chronic athletic overuse injury
- September '06; Cortisone Injection
- 11/02/06 Lateral Release and Chondroplasty of Patella
- 11/3006 Lysis of Adhesions
- 3 1/2 Months of PT
- upcoming Sympathetic Nerve Block on 3/06/07

Offline EMANN

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Re: LAWSUIT VS PT?
« Reply #3 on: November 18, 2006, 06:15:44 PM »
Nov 05 ...Had a Chondroplasty.  Surgeon said Grade 1-2  chondromalacia.  All cartilage in tact and all looks good.
Jan 06....At PT....I refused to do a SLR with a 10 lb weight saying it was to much b/c my quad was too weak still. PT insisted, I did it and it felt like my knee snapped in half.  Finallly in Sept got an MRi which confirmed a tear behind the kneecap of 3mm down to the bone.

My concern is they'll say I already had a problem and it just progressed? Even though we know that isnt the case.

 I also wonder if the OS shaved to deep into the cartilage behind the kneecap.....that I will never know!

knee deep in Goo

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Re: LAWSUIT VS PT?
« Reply #4 on: November 18, 2006, 07:51:50 PM »
why dont you go to the hospital and get your surgery notes.

Offline Jaci

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Re: LAWSUIT VS PT?
« Reply #5 on: November 18, 2006, 09:34:22 PM »
http://www.kneeguru.co.uk/dictionary/doku.php/c/chondromalacia

By definition, chondromalacia IS damage to the articular cartilage. So if you had grade 1-2 at time of surgery, you had damage to the cartilage and a chondroplasty was performed to smooth that damage. The chondroplasty did not neccessarily correct the underlying condition that caused the chondromalacia in the first place.

I tend to agree with the lawyer that it would be very difficult to prove that the PT incident caused the defect that showed up on an MRI performed in Sept-- approx. 8 months after the fact. The lesion could have been caused by the PT, but it also could be related to the original problem that surgery was performed for or some other issue that developed subsequent to the surgery. I think you would be very hard pressed to prove that the actual mechanism of damage was the PT incident unless you had evidence such as an MRI performed shortly before and after it occurred.

Take care,

Jaci


« Last Edit: November 19, 2006, 12:25:17 AM by Jaci »
10/03 Twist injury
12/03 Menisectomy- tears ACL, MCL, & LCL missed by OS
Arthrofibrosis ROM 38-68
3/04- 4/08 Multiple scar tissue procedures:
6 scopes w/LOA, AIR, LR, chondroplasty, synovectomy, bone spur & plica removal
3 insufflations, many injections
Chronic AF, patella infera, IPCS

Offline EMANN

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Re: LAWSUIT VS PT?
« Reply #6 on: November 19, 2006, 03:00:45 AM »
That is what figured Jaci.  However, if you read Dr. Grelsamer's notes,Grade 1-2 is not a problem at all and no surgery is required for this.

 I did have an MRI immediatly after but they did not do Axial images and it totally missed the defect. After still not being able to run right or walk down decline planes normally I had another MRI with a new OS that found it last month.

I do have the OR notes and the diagnosis was Grade 1-2 chondromalacia in both knees....yet only the left knee had a chondroplasty performed.....very curious as to why.  I also really believe that too much cartilage was shaved off during the procedure......The OR report said a resident did the surgery, not my OS!! yet when I called them on that they told me the resident cut me & scoped me, told the OS what he thought he saw, then the OS did the chondroplasty.  I think that is BS.

Thanks.
« Last Edit: November 19, 2006, 04:01:37 AM by EMANN »

Offline Sandy_F

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Re: LAWSUIT VS PT?
« Reply #7 on: November 20, 2006, 01:44:22 PM »
You had a period of time between surgery and the MRI.  You were walking and doing things during this time.  Things could have happened during this time.  You would have a difficult if not impossible time proving that the PT did any damage to your knee.  Condromalacia is usually a progressive process. 
If you had a MRI immediately after the PT incident then maybe, just maybe you might have had a possibility of proving some issue with the PT.  I don't think that you could prove anything now.  I don't think you could prove anything against the operating OS either.

How do you know that your problem is not a progression.  Are you looking for someone to blame for your knee?  Its easy to try to blame someone else instead of accepting that the knee problem is progressing and causing a life style issue.  I hurt my knee at the age of 14 (i am 53 now).  I can trace back to several OS that did things to futher injure my knee.  Their actions hurt my knee instead of helped it.  I can't go back and sue them.  I had one overdose me on cortisone by giving me injections monthly for over 2 years.  One, did an early scope (I had one of the first scopes done in the US) that went in on wrong side and could not find damage so I was imagining things.  I had another just scope and clean out when I had maltracking patella.  I had another do a patellectomy without fully disclosing ramification of surgery.  I had another the put in a too small spacer for the TKR and that had to be replaced.  So I have had many mess ups.  I am dealt a mess and am living with the results.  I can't prove anything and the docs go on with life.  I have to make the best with what I have.  Its what I have to do to go on.  Don't look back.  Go forward and live the best I can. 
Right knee - 14 surgeries including a fulkerson, patellectomy and finally a TKR.  Left knee - Lateral release, microfracture, TKR, then another LR, spacer replacement.

Offline EMANN

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Re: LAWSUIT VS PT?
« Reply #8 on: November 20, 2006, 02:50:42 PM »
No I am not looking for someone to blame.......After the initial surgery the OS said all cartilage was in tact and everything looked good.  I am po'd that I thought I was going in for a meniscal surgery and ended up with a chondroplasty.

How do I know when it happened?  I was progressing ok, then when I hurt it at PT the knee was in excruciating pain after that happend, filled with fluid and shut down totally.  I really think I am wasting my time time on these boards sometimes with some of you.

knee deep in Goo

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Re: LAWSUIT VS PT?
« Reply #9 on: November 20, 2006, 02:53:43 PM »
Same thing happened to me.  However you have to be positive and roll with the punches.

Offline EMANN

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Re: LAWSUIT VS PT?
« Reply #10 on: November 20, 2006, 07:14:48 PM »
The same thing did not happen to you.

My knee is ok other than the defect.

Your knee has all of this....1//12/06 -  Chrondroplasty on MFC and LFC Patella shot, Partial Meniscus removed.
4/10/06 -- Standing X-Ray taken.  MFC shows little joint space bone on bone
6/2/06--  unloader brace / three Othovisc   injections.
12/06  TKR right knee -Zimmer Gender solution knee


So how did the same thing happen to you?




Offline luckygrandma

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Re: LAWSUIT VS PT?
« Reply #11 on: November 20, 2006, 08:07:22 PM »
I'm afraid I won't be able to tell you what you want to hear but it doesn't mean I don't agree with you and understand.

In 9 months I had three surgeries on the same knee. I was having knee problems and an MRI was taken and it showed I had a pretty bad torn meniscus. When the OS got inside my knee he said I was filled with arthritis and he did a debridement. It was all down hill from there. The pain was worse then before I had the surgery.  After trying all the conservative treatments and nothing working he told me I needed a TKR. Seconds before surgery he changed his mind and decided I could get by with a PKR.  I didn't think the pain could get any worse but it did. I was able to walk before surgery and working, but after these two surgeries I had to quit my job as the pain was so bad and I couldn't walk on it. 

I decided that after going to this OS for 14 years that he wasn't even listening to what I was trying to say to him. Finally I went for a second opinion. I was so shocked and angry at what I was told. The new OS told me that not only does he not believe in PKR and doesn't perform them, but that I should never have had one because the arthritis was too far advanced and a TKR was scheduled. Because of the other two surgeries my recovery has been longer, but I'm at least getting better every day.

How I handled it is I wrote to the other OS and got everything off my chest and felt so much better. I didn't have the money or time to fight something that I knew I couldn't win at, but he was sure going to know how I felt and that he lost a patient of 14 years. I also decided to put my energy into getting better and moving on with my future. At least now I have a future to look forward to. 

Why do you think Doctors pay malpractice insurance. They can hire the best lawyers money can buy.  I'm afraid little old me wouldn't stand a chance.
>:(

Offline knapptime

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Re: LAWSUIT VS PT?
« Reply #12 on: November 20, 2006, 11:03:29 PM »
It seems as though people are giving their opinions and their stories (as I believe you requested). Why be rude about it? You are obviously and maybe rightfully upset and bitter. The people on these boards did not do anything to cause your problems. I am very sorry for your pain, trouble, and even any medical care gone wrong, no one deserves to go through all that.
But, everything is not solved with a lawsuit either. Maybe medical costs would not be so astronomical if people were not always looking to sue the doctors.
Kimberly

knee deep in Goo

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Re: LAWSUIT VS PT?
« Reply #13 on: November 20, 2006, 11:33:39 PM »
Emann

Guess what.... Not that it matter explaining all this to you.   I had gone into surgery thinking a small tear was going to be taken care of .    And guess what crap happens. The whole knee was crap and only got worse.  In less than a year.. Not that it is worth explaining to you.  In fact,  I believe that the bit of cartlidge that was taken out of my knee resulted in my joint collapse .. nOt that it is even worth my time to explain to you. 

I agree with knapptime.  You are being rude.

Offline Sandy_F

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Re: LAWSUIT VS PT?
« Reply #14 on: November 20, 2006, 11:49:35 PM »
He does not want our opinion.  He wants up to say yes he is right and to sue the PT and the OS and everyone else.  He sees $$$ coming out of this.  Well it does not happen that way.  Even when you can prove that a doc does something wrong, you may not be able to prevail in a lawsuit.

Things happen.  There is a reason why medicine is called a practice.  I went into surgery with one spot being grade 4 and a year later the whole knee was trash.  I did not injure it.  Was it the OS fault, no.  I went to a pt who pushed my knee way too much after my tkr and make me lose progress where I ended up needing a manipulation.  Pre PT I was at 110 degrees.  After that PT I was at 65 degrees.  I had severe pain and loss of rom.  Seems to be the reason.  But you cannot prove it.  There are so many factors that play into how your body reacts to things.  Did you walk too far, did you do any activities that you should not have.  So many things.  If it was that easy this board would not exist.  We would go into the doc, get it fixed and go on with life.  That does not happen.

Right knee - 14 surgeries including a fulkerson, patellectomy and finally a TKR.  Left knee - Lateral release, microfracture, TKR, then another LR, spacer replacement.















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