LadyArwen646
New Member
- Jurisdiction
- Oklahoma
I am in a situation where my life has literally been ruined because of a surgeon who acted recklessly and conducted battery on me. Also the hospital staff did not help to ensure that the doctor was cutting in the right place and direction. And the radiologist did not ensure my leg length was equal before the surgeon sewed me up. The table I was in was a specially designed table and I was able to be placed on my back and easier to measure legs length. I don't understand how they could make such a big mistake, with X-ray being taken to reference leg discrepancy.
I have recently found evidence in my records that I didn't really need the Total Hip Replacement surgery and could have been fixed with a much less complicated surgery. It was in my records, but never discussed with me that I had Femoroacetabular Impingement. Which could have been fixed without opening my leg up and cutting off the top of my femur.
Physically my leg is longer than the other, and he didn't let me know about the leg lengths, in fact he specifically stated in the records that leg lengths are equal, when it's clearly not. I can't walk long without suffering pain the rest of the day or night, I can't have sex in positions I used to have, I am having terrible pain in my back that started just a few months ago and recently found out that this is caused by my leg length discrepancy. My back is getting crooked. My pelvis is tilted forward, according to the Physical Therapist I have had to go to, on account of this surgery. The scar is nowhere where the surgeon and I discussed, and he never told me about this error and now I have to live with it. I have almost fallen over many times getting out of bed because I'm not used to having unequal legs, but have caught myself thankfully. I have had many bouts of swelling and pain which the doctor never asked to see, when I even told him about the pain and numbness, he just blew me off and said it's tendonitis. I have been sick over 1.5 months from him prescribing two different medications that are made with the same medicine, these had different names, coming from two pharmacies so I had just figured that they were to both be taken and then I started to get sick but didn't relate the two medications to be the cause. And can't lift my leg which I also informed surgeon about.
I have lost enjoyment in life, not spending quality time with my 5 children and grandchildren. My kids have missed out for a long time on my attention to them because I mostly stay in bed all day. The scar has made me self conscious of my body when being seen in the nude or in undergarments. Can't have sex or be seen in a lit room, because I don't want my husband to see the scar. I have been helpless in where my life is going. I have a big mass under the scar that is not normal.
My mental state is off the charts right now. I have really depressive states, and extremely bad anxiety every day. I have insomnia and don't sleep for but 5-6 hours in a 42 hour period. My hair has been falling out from worrying so much, finding an attorney, having to file bankruptcy and what I'm supposed to do now. I have had the feelings of wanting to give up on life because I don't want pain anymore but I have pain every day, the pain is even worse than before the surgery. I feel like I can't trust doctors or medical personnel or even professionals at all. I have had to start taking stronger medications for my mental symptoms. I can't go out anymore not even to go shopping. Can't walk my dog that was therapeutic to me.
Financially am now having to get rid of my home because I can't work since this surgery. Our plan was to get a job after recovering, to help supplement the income. The surgery was supposedly a muscle sparing surgery and supposedly takes less time to heal from a regular hip replacement, 6-8 weeks. It's now over 8 months and still having a lot of pain. All of the medical bills will just about break us not to mention the time it will take to recover if I have another surgery to fix this.
I now have to go through a more complex surgery with much more recovery time in order to repair damage done. This is because the surgeon did not bother telling me it was longer, so now my bones have fused into the prosthetics. I will need another surgery to fix the scar if even possible. This might not even be able to be fixed because where the scar is located, it is too muscular and gets stretched too much, it is already stretched out to look almost like a really long red stretch mark.
I had only seen him 3 times before my surgery. December 15, 2016, December 28, 2016, and January 17, 2017. April 3, 2017 was the day of my surgery.
I felt like I was not receiving proper care during my post operative visits so I obtained my records, in November of this year, for another doctor to look at it. He ordered an MRI, CBC Bloodwork, and Physical Therapy for me also had to get a hip aspiration to see what might be causing the swelling and pain. The surgeon did nothing like that in my aftercare. He did not physically touch me on three of my five visits when he should have checked my ROM and Incision Site. I knew he was supposed to because he specifically stated that he wouldn't make me drop my drawers. He said this because Med students were in the room.
On the first visit, December 15, 2016, the surgeon stated in my records that he referred me for a hip preserving dr for surgery, suggested a hip injection and that he ordered MRI for me then stated if all those measures fail then the last resort would be for me to get the surgery. He did not do these things, I never went to a hip preserving doctor or an MRI because he never told me I needed these done at all. He only told me to get the injection that he did and profited from.
What's more upsetting he put in the X-ray findings that I had femoroacetabular impingement WITH JOINT SPACE MAINTAINED, which would have been a very easy fix, in the December 15 visit.
December 28, 2016 he did an authoroscopic injection and he stated again I had femoroacetabular impingement with JOINT SPACE MAINTAINED.
I saw him once more in January and he didn't take X-rays in this visit he also says he didn't take X-rays. And this visit he told me I needed the total hip replacement surgery.
Then in April on my operation report, I have noticed that he says that there was joint space NARROWING. This was in my medical records indications for procedure, that I had JOINT SPACE NARROWING in the operation report. This was a complete lie because he said on the only two December visits he saw the X-rays that there WAS JOINT SPACE MAINTAINED. He also states that I walked with an ANTALGIC GAIT. This was never the case I have never walked lopsided in my life. In fact my PT says I had a very straight back. I had a surgery in 2009 and that is when he stated I was a straight back. He says I said I did not get any relief from the labral repair surgery in 2009. This is not true either I told him that It lasted a long while but it started to get pain in hip again that year.
He basically gave me a surgery I could have very well avoided and would not have had as many problems I am having now. and failed to notify me of the mistakes he made.
He did not cut the bone off enough and now I have a leg longer than the other that is messing my back up and now I waddle around if I walk at all. This is really messing my back up. I'm now having pain in my back that wasn't there before the surgery.
I have a scar that is not in the right location.
My scar was supposed to be a bikini line incision, in the crease of the thigh. The one I have is about 1 & 1/2 inches below the crease and he even stated in my op report that he had given me a Bikini Line Incision along the Crease of thigh. So he had to have added this to the records after the surgery. But the thing with the bikin line lincision post operative procedure he says he gave me a bikini line incision when it clearly isn't. He cut the skin on the thigh and cut it in the wrong direction as well. He Should have cut laterally instead of Horizontally if this was going to be a direct anterior THR. But he specifically said he was going to do a bikini cut when I went in January. He said this is a muscle sparing surgery and has much less recovery time. But because he cut below the crease he cut out stuff that filled in the space so now I have a long recessed scar. It looks like a rump on a side view of it. He says he took a time out in OR to check patient, procedure and mark the location. So all the staff should have noticed the mark was not in the correct place.
Radiologist in the room should have seen the legs were unequal but apparently they weren't looking for that when he says they did. Radiologist can clearly see the lesser trochanter on X-ray film and would have easily been noticed that they weren't aligned correctly. The staff did not do their jobs by making sure everything was well aligned and cut made on the correct place.
Many mistakes, submissions and omissions in this report. He says on all visits that he gave me a Lymphatic exam. And didn't touch me or check and look at me the whole time during aftercare visits. He says he goes over the X-rays with me but I hadn't seen them but once. He says he gave me copies of the reports but never did on any visit, he merely gave me the paper to check out with and nothing else. He never sent me to PT even said he didn't recommend it, but then two visits later he says to continue PT. So many lies to mention here.
Do punitive damages apply to this? I think this is criminal behavior and Battery because he did this surgery without having findings of me needing this invasive procedure.
I really hope someone can offer me some answers.
I know this was long and apologize for this. This was the shorter version of what actually took place and what was untrue in the records.
Thank you for your time any advice would be greatly appreciated.
I am only 44 years old and I still have many years before I expire. I need a quality of life again!
I have recently found evidence in my records that I didn't really need the Total Hip Replacement surgery and could have been fixed with a much less complicated surgery. It was in my records, but never discussed with me that I had Femoroacetabular Impingement. Which could have been fixed without opening my leg up and cutting off the top of my femur.
Physically my leg is longer than the other, and he didn't let me know about the leg lengths, in fact he specifically stated in the records that leg lengths are equal, when it's clearly not. I can't walk long without suffering pain the rest of the day or night, I can't have sex in positions I used to have, I am having terrible pain in my back that started just a few months ago and recently found out that this is caused by my leg length discrepancy. My back is getting crooked. My pelvis is tilted forward, according to the Physical Therapist I have had to go to, on account of this surgery. The scar is nowhere where the surgeon and I discussed, and he never told me about this error and now I have to live with it. I have almost fallen over many times getting out of bed because I'm not used to having unequal legs, but have caught myself thankfully. I have had many bouts of swelling and pain which the doctor never asked to see, when I even told him about the pain and numbness, he just blew me off and said it's tendonitis. I have been sick over 1.5 months from him prescribing two different medications that are made with the same medicine, these had different names, coming from two pharmacies so I had just figured that they were to both be taken and then I started to get sick but didn't relate the two medications to be the cause. And can't lift my leg which I also informed surgeon about.
I have lost enjoyment in life, not spending quality time with my 5 children and grandchildren. My kids have missed out for a long time on my attention to them because I mostly stay in bed all day. The scar has made me self conscious of my body when being seen in the nude or in undergarments. Can't have sex or be seen in a lit room, because I don't want my husband to see the scar. I have been helpless in where my life is going. I have a big mass under the scar that is not normal.
My mental state is off the charts right now. I have really depressive states, and extremely bad anxiety every day. I have insomnia and don't sleep for but 5-6 hours in a 42 hour period. My hair has been falling out from worrying so much, finding an attorney, having to file bankruptcy and what I'm supposed to do now. I have had the feelings of wanting to give up on life because I don't want pain anymore but I have pain every day, the pain is even worse than before the surgery. I feel like I can't trust doctors or medical personnel or even professionals at all. I have had to start taking stronger medications for my mental symptoms. I can't go out anymore not even to go shopping. Can't walk my dog that was therapeutic to me.
Financially am now having to get rid of my home because I can't work since this surgery. Our plan was to get a job after recovering, to help supplement the income. The surgery was supposedly a muscle sparing surgery and supposedly takes less time to heal from a regular hip replacement, 6-8 weeks. It's now over 8 months and still having a lot of pain. All of the medical bills will just about break us not to mention the time it will take to recover if I have another surgery to fix this.
I now have to go through a more complex surgery with much more recovery time in order to repair damage done. This is because the surgeon did not bother telling me it was longer, so now my bones have fused into the prosthetics. I will need another surgery to fix the scar if even possible. This might not even be able to be fixed because where the scar is located, it is too muscular and gets stretched too much, it is already stretched out to look almost like a really long red stretch mark.
I had only seen him 3 times before my surgery. December 15, 2016, December 28, 2016, and January 17, 2017. April 3, 2017 was the day of my surgery.
I felt like I was not receiving proper care during my post operative visits so I obtained my records, in November of this year, for another doctor to look at it. He ordered an MRI, CBC Bloodwork, and Physical Therapy for me also had to get a hip aspiration to see what might be causing the swelling and pain. The surgeon did nothing like that in my aftercare. He did not physically touch me on three of my five visits when he should have checked my ROM and Incision Site. I knew he was supposed to because he specifically stated that he wouldn't make me drop my drawers. He said this because Med students were in the room.
On the first visit, December 15, 2016, the surgeon stated in my records that he referred me for a hip preserving dr for surgery, suggested a hip injection and that he ordered MRI for me then stated if all those measures fail then the last resort would be for me to get the surgery. He did not do these things, I never went to a hip preserving doctor or an MRI because he never told me I needed these done at all. He only told me to get the injection that he did and profited from.
What's more upsetting he put in the X-ray findings that I had femoroacetabular impingement WITH JOINT SPACE MAINTAINED, which would have been a very easy fix, in the December 15 visit.
December 28, 2016 he did an authoroscopic injection and he stated again I had femoroacetabular impingement with JOINT SPACE MAINTAINED.
I saw him once more in January and he didn't take X-rays in this visit he also says he didn't take X-rays. And this visit he told me I needed the total hip replacement surgery.
Then in April on my operation report, I have noticed that he says that there was joint space NARROWING. This was in my medical records indications for procedure, that I had JOINT SPACE NARROWING in the operation report. This was a complete lie because he said on the only two December visits he saw the X-rays that there WAS JOINT SPACE MAINTAINED. He also states that I walked with an ANTALGIC GAIT. This was never the case I have never walked lopsided in my life. In fact my PT says I had a very straight back. I had a surgery in 2009 and that is when he stated I was a straight back. He says I said I did not get any relief from the labral repair surgery in 2009. This is not true either I told him that It lasted a long while but it started to get pain in hip again that year.
He basically gave me a surgery I could have very well avoided and would not have had as many problems I am having now. and failed to notify me of the mistakes he made.
He did not cut the bone off enough and now I have a leg longer than the other that is messing my back up and now I waddle around if I walk at all. This is really messing my back up. I'm now having pain in my back that wasn't there before the surgery.
I have a scar that is not in the right location.
My scar was supposed to be a bikini line incision, in the crease of the thigh. The one I have is about 1 & 1/2 inches below the crease and he even stated in my op report that he had given me a Bikini Line Incision along the Crease of thigh. So he had to have added this to the records after the surgery. But the thing with the bikin line lincision post operative procedure he says he gave me a bikini line incision when it clearly isn't. He cut the skin on the thigh and cut it in the wrong direction as well. He Should have cut laterally instead of Horizontally if this was going to be a direct anterior THR. But he specifically said he was going to do a bikini cut when I went in January. He said this is a muscle sparing surgery and has much less recovery time. But because he cut below the crease he cut out stuff that filled in the space so now I have a long recessed scar. It looks like a rump on a side view of it. He says he took a time out in OR to check patient, procedure and mark the location. So all the staff should have noticed the mark was not in the correct place.
Radiologist in the room should have seen the legs were unequal but apparently they weren't looking for that when he says they did. Radiologist can clearly see the lesser trochanter on X-ray film and would have easily been noticed that they weren't aligned correctly. The staff did not do their jobs by making sure everything was well aligned and cut made on the correct place.
Many mistakes, submissions and omissions in this report. He says on all visits that he gave me a Lymphatic exam. And didn't touch me or check and look at me the whole time during aftercare visits. He says he goes over the X-rays with me but I hadn't seen them but once. He says he gave me copies of the reports but never did on any visit, he merely gave me the paper to check out with and nothing else. He never sent me to PT even said he didn't recommend it, but then two visits later he says to continue PT. So many lies to mention here.
Do punitive damages apply to this? I think this is criminal behavior and Battery because he did this surgery without having findings of me needing this invasive procedure.
I really hope someone can offer me some answers.
I know this was long and apologize for this. This was the shorter version of what actually took place and what was untrue in the records.
Thank you for your time any advice would be greatly appreciated.
I am only 44 years old and I still have many years before I expire. I need a quality of life again!
