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misplaced screw-comments

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  • Jurydoctor@aol.com
    any other comments? How does the defense win this case? thanks, amy _____________________________________ It sounds like he committed malpractice twice,
    Message 1 of 3 , Jan 25, 2008
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      any other comments? How does the defense win this case?
      thanks,
      amy
      _____________________________________


      It sounds like he committed malpractice twice, first with the misplaced screw


      Depends on the placement seen in films performed during the actual surgery.
      If there were no films, that would be outside the SOC.


      and second with not ordering the CT scan soon enough to prevent the
      damage that was done.


      __________________________

      It sounds like he committed malpractice twice, first with the misplaced
      screw and second with not ordering the CT scan soon enough to prevent the
      damage that was done.
      _______________________________


      ____________________________

      Agree, except I'm not sure how accurate the "learning" to hurt is; there is
      an actual physiological damage that causes the chronic pain.


      In a message dated 1/24/2008 8:52:06 A.M. Pacific Standard Time, writes:

      I think so. Clearly the screw damaged the L5 nerve, and his subsequent
      troubles are a consequence of that.

      Once a nerve is damaged like this, it "learns" to hurt and the pain
      becomes chronic and disabling. I think he is due substantial
      compensation for a botched job, and loss of quality of life.

      A member of my family had an almost identical problem in the brachial
      plexus, due to infection during surgery, but because there was no
      "smoking gun" he was advised not to sue. Here however the position of
      the offending screw is known, and there is indeed a "smoking gun".






      ______________________________


      I think malpractice was proved.

      While there is obviously a controversy as to whether the L5 nerve was
      severely compressed before the operation, it seems to me a given that the
      operation, through negligence during and after, caused a great deal of
      expense, pain and suffering.

      (1) We have the film taken during the operation which shows the one
      screw being inserted at an angle different from the rest which could
      suggest it was compressing the spinal cord.

      (2) We have the CT after the operation which show that the badly
      inserted screw in the spinal canal. Defendant might dispute this but;

      (3) We have the second CT showing the screw in the spinal canal and the
      fact that there is relief when the screw is removed.

      (4) We have the post operative symptoms which, if the scenario is true,
      seem to be completely ignored and seem to be much to severe to be caused
      by normal healing.

      For the life of me, I can't figure out what else the plaintiff can do to
      show malpractice.

      ___________________________

      I believe the patient has a good case. The misdirected screw which was
      implanted in the spinal canal was the physician's fault.
      I think also that the physicians could argue that there are maybe 24 methods
      for
      dealing with Lumbar pain, and of the 24, none are 100% sure of working.
      Each
      one is a crap shoot. That might mitigate the reward amount.
      __________________________
      I think so. Clearly the screw damaged the L5 nerve, and his subsequent
      troubles are a consequence of that.

      Once a nerve is damaged like this, it "learns" to hurt and the pain
      becomes chronic and disabling. I think he is due substantial
      compensation for a botched job, and loss of quality of life.

      A member of my family had an almost identical problem in the brachial
      plexus, due to infection during surgery, but because there was no
      "smoking gun" he was advised not to sue. Here however the position of
      the offending screw is known, and there is indeed a "smoking gun".

      _____________________________

      From what you've written, I'm not sure how it could NOT be considered
      malpractice. The surgeon was obviously covering his tracks with all that
      follow-up
      treatment. A simple second opinion might have saved the patient a lot of
      pain.








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    • loveybody@wmconnect.com
      Boy talk about mal-practice, here is a good one . I am a veteran and a government VA hospital had to remove my kidney because of that doctors ego wuld not
      Message 2 of 3 , Jan 27, 2008
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        Boy talk about mal-practice, here is a good one . I am a veteran and a
        government VA hospital had to remove my kidney because of that doctors ego wuld not
        listen to others about the tube she put in was contaminated. So I lost my
        kidney over it. I sued the government, won the tort and guess what, I can not
        receive my VA compensation from what their mistake was until the tort is paid
        back. In other words I sued myself. This government for some stupid reason
        calls it double dipping if I get what I feel I deserved. They ruined my life
        span and if one of my family members ever need a kidney I would not be able to
        help them. But if I had sue what I would call a non-government doctor
        everything would have been just fine. I would receive my compensation without
        question. Does anybody but me see that this is way way wrong. Why should I have to
        pay the government back for screwing up my life because an ego maniach doctor
        would not listen to other doctors that she was wrong. Would appreciate all
        comments please. </HTML>


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      • BocaForensic@aol.com
        Good morning all... I m with Brad on this one. It s not a matter of the constitution, it s common sense to stay out of the area until this guy sorts out
        Message 3 of 3 , Jan 28, 2008
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          Good morning all...

          I'm with Brad on this one. It's not a matter of the constitution, it's
          common sense to stay out of the area until this guy sorts out exactly what
          happened, why he was accused, and then to seek relief either through an attorney,
          and or by filing a harassment complaint against the officer. If this person is
          so inclined that he must go to the same spot where he was accused of stealing
          someone's purse, then he is tempting fate-for now. Of course he has the
          "constitutional right" to go anywhere he likes, but how smart is it to go back to
          the scene of the "crime" without knowing if he is still a suspect. I also
          agree with another comment made that this person should seek out the reason
          why he was arrested and then was released, if for no other purpose, than to
          have ammunition should this come back to bite in on his butt. Once he has all
          the facts, then, if he clearly and I do mean clearly has a case of harassment,
          he should call an attorney or file a complaint.

          Have a good day all,
          E'lyn Bryan

          Forensic Bureau of Investigations Inc.
          Forensic Document Examiners. Inc.
          Instructor of the Questioned Document course
          President of South Florida Investigators Association (SFIA)
          Member of the National Association of Legal Investigators (NALI)
          Member of Florida Association of Licensed Investigators (FALI)
          Member of National Association of Document Examiners (NADE)
          Member of Forensic Expert Witness Association (FEWA)
          Member of A.S.T.M. International
          _www.FloridaDocumentExaminer.com_ (http://www.floridadocumentexaminer.com/)





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