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  • We need to remember that surgeons are human (not machines) and mistakes do happen but it is when they are reckless you have a case (thats my opinion btw)so an honest mis judged opinion may not get far if you were to complain.

    So, as long as you have undisputed proof that L4 was good then I agree with the others and make a formal compliant to the hospital about this surgeon and his level of care. Like Angleback says, keep copies of everythng.

    The ongoing pain I hope will become resloved when they do the revision. Is why they think you are still in pain? - non union?
    What is Cadaver bone (sorry)- you say it has grown onto your nerve roots...this may be a problem too.
    I wish you well.
  • I agree with all postings above... not much to add.

    I hate to suggest it, you have been thru the ringer... can you see a doc not associated with this hospital or medical group? Are you in or near a big city that this might be an option? At this point you probably just want to fix it & move forward.

    This 4th surgeon you have seen - are you saying he would have #2 and #3 in the surgery, but obviously not surgeon #1 (original surgeon)? Is the revision surgery scheduled?
    Jan 2009 L5-S1 ALIF
    May 2017 ALIF L4-L5 with PLF rods added L4-L5-S1
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  • or any legal cover you have ..you need an independant Doctor...they call them Expert Witness in law, I think.

    There will be one linked to an insurance claim office offering unbiased advised on the likihood of the insurance company success in the claim.

    Sounds like you have a case.
    Good Luck with the surgery. I am sure they will treat you carefully next time round but remember there are risks.

  • I am sorry you are having these troubles. I hope you can get an unbiased surgeon to give an opinion and treatment. I do recall a SH member who had L4 added to her L5-S1 fusion strictly for the purpose of stability. Her original problem was a high grade spondylolisthesis which was unable to be completely reduced. The healthy L4 was added to help provide a more stable fusion. But of course, she knew about this plan ahead of time.

    Now this off-lable substance that was used, is it BMP (bone morphogenic protein)? I believe BMP is only approved for use in the Infuse system, but many of us have had it used with other cages/implants. We have a couple members with bmp overgrowth issues here as well.

    I think the most important thing is that you get some help and some relief. It sounds as if you definitely need some more agressive pain management. Have you tried a PM doc?

    Good-luck and best wishes to you. I hope you feel better soon, >:D< Cali-Sue
  • I'm sorry to hear about your ongoing problems and to put it bluntly take him for everything he's got .I would also find a doc that doesn't know him and is willing to go to bat for you .Doctors are weird in that they don't like to go on the record and say one of their own messed up they got some stupid code of silence bulls**t going on.I realy hope this can get fixed for you as soon as possible so you can get on with your life and family.Maybe instead of money you can get 1 hour in a locked room with a louisville slugger with him . }:)
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  • Its awful though that the original doc still strides the halls.
  • I think it was mentioned above but bares repeating. There are doctors who are professionals at testifying in court proceedings. It's what they do. I would look for one if I were you or your new lawyer can do that for you. After all that's why lawyers get paid to.o.
  • I agree doctors are humans, not machines... But like someone else said, once he realized his mistake, he should have been up front. I would never be able to sue a doctor who straight up came to me and said look... I made an honest mistake. I'm sorry. And from that point on was very attentive to me & made sure I had whatever i needed. That's how they should handle it. Not lie and cover it up. People who have a legitimate excuse or have any consideration for the person do not have any reason to lie. If he was concerned for your health and safety, he would have been honest with you. That's not right at all.

    I feel horrible for you :( I wish there were something they could do with the snap of their fingers to make things better for you, but we unfortunately know there isn't. Like I said before, you do deserve something for what he has put you through. Money isn't everything, but it isn't just about the money... It's the principle, and the fact that he needs to learn NOT to hide his mistakes. THAT is the epitome of malpractice. He has insurance for that reason. Put his insurance to good use!!
  • I'm so sorry for everything you have had to go through. I can't really add much to what everyone else has stated. I would definitely enlist the help of your insurance company in pursuing some compensation and correction. They have all kinds of lawyers and much deeper pockets than you!

    Hopefully you won't run into any statute of limitations problems, but I would think the shear negligence of using an off-label product without your permission would even outweigh the mistake of fusing the wrong level. I'm sure your insurance company wouldn't be too happy, either.

    DEFINITELY contact your state's medical board and file a formal complaint with them. A formal complaint against this doctor is the only way future patients will know who not to go to. In my profession I've seen a few clients with pets that may have been victims of medical mistakes or poor judgement, but other veterinarians are very reluctant to bad mouth another vet...even when they know something was done wrong. I'm sure human doctors are even more likely to "cover each other's backs". That's where a formal complaint to the medical board with an investigation and testimony from impartial doctors will go a long ways.

    BTW, the day after my surgery I asked my NS how everything went and if he found any other problems in my neck once I was in surgery. He said (quote) "No, with today's imaging techniques there's almost never any surprises once we open things up". Your pre-op MRI proves there was nothing wrong with L4.

  • It sounds like the BMp you had was not contained. My surgeon said when they place it is they have to be very specific where they place it and they put it in a sac of some sort so it cant overgrow and position it as far from the spinal canal as possible.
    It would be interesting to read the operation reports to see what he did. MAybe in his panic over doing the wrong disc he 'lost it' and didn't place the BMP properly.

    Again, get an independant Dr to see you and try to do it before you have the revision surgery.
    Blessings Sara O:)
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