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Wrong surgery

I had a slip and fall in 2008 and had L5 S1 spinal fusion done 8 months after the fall. I had exrays, MRI, Cat scan,Emg, and a discogram that determined that my L5S1 was torn. When they tested my L4 I had some pain but screamed and passed out when they tested the L5S1. After having the fusion I noticed I wasnt getting any better only worse. I did land and water therapy which did nothing. I tried every pain pill, patch cream and even the last resort of a dorsal stimulator which made my pain worse and I couldnt walk. they had to remove the device. Workcomp had me see about 6 other doctors because they didnt understand why I didnt get better. The surgeon who did the surgery said it was a text book case and that I healed. I couldnt even get copies of my reports from theses dcotors because they said workcomp paid for it. How is that legal when I am the patient??? They closed my case last year and stated that it was catastrophic and I had met all possible medical treatment that could make me better. I was not satisfied with this and couldnt accept that I would be disabled for the rest of my life. I found another pain doctor who was concerned from a recent MRI I had done when I was rushed to the ER for pain. Every 2 to 6months my kids had to take me to the ER becayse the pain was so bad I couldnt walk and was screaming. The ER doctor didnt understand any of what was done to me so she had the MRI done. I visited my back doctor at that time and he said that everything looked good and I just needed to file for disability, which has told me I am too young and too educated to get disability.
My new pain doctor had me see 2 other back specialist because the recent MRI showed fluid in my back that shouldnt be there. March of this year I was told that not only did I have the wrong surgery done, that the fusion never healed. I just had to have another back surgery and before doing that I had to go thru that painful discogram again. This confirmed my L4 disc had multiple tears and the fusion never healed. My surgery lasted 8hours because I had more damage than expected. It took sometime to get all of the reports from all doctors I had previously seen and all tests done. The 1st back doctor lied to me for almost 5yrs telling me that my fusion healed and workcompr had 3 of the doctors tell them that I had the wrong surgery done and that my fusion didnt heal. Wkcomp knew november 2009 and Never told me this.
My question is How is this legal for 1. a doctor to do this and I cant sue him? 2. The staute of 2yrs should begin the moment you found out? 3. How is it legal for wkcomp to withold important information like this from the patient? A panel of doctors told them to get me away from the doctor who did the surgery. I have been turned down by 20 lawyers who tell me I have a case but not willing to take mines. I am a nurse and what I went thru I dont wish on anyone. I would like to put in place a bill that would protect and treat our nurses who are disabled from a work injury. Start here in Georgia and wont stop until all states recognize my bill. Also hold workcomp accountable for informing the patient of all opinions given by any of their doctors.
CAN SOMEONE PLEASE HELP ME!!! My life has changed drasctically, I suffer in pain still because my sciatica nerve on both sides are damage and they cant do anything about it. For me its not jusy abput monetary compensation, but to make changes that nurses would be treated better and that important information like mines is told to the patient. This is just a small excerpt of my case I would be here forever explaining. I truly feel that thsi happened to me so That I can fight to make changes and for nurses and anyone who has had this done to them. I would also like to get the statue extend from 2yrs to 5yrs, with regard to when the patient found out the wrong doing. I REALLY NEED SOME HELP PLEASE! I told 1 lawyer that I am a human being and a mother and what was done to me in no form is all wrong. I could have fallen or worse and end up paralyzed or worse. This has to stop and it has to STOP NOW!!


  • LizLiz Posts: 7,832
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    Liz, Spine-health Moderator

    Spinal stenosis since 1995
    Lumber decompression surgery S1 L5-L3[1996]
    Cervical stenosis, so far avoided surgery
  • I can totally empathize with what you are going through, but it does appear that at this point, there is nothing legally that you can do, except maybe go back to WC and see if there are ground to reopen your case.
    I'm sorry for all that you are going through, having been in a very similar position, there isn't much that can be done except to try to change the laws but even if that is successful, those type of changes are not retroactive.
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