www.legalvote.com
man gets tbpi from hernia operation...
Legalvote.com has a tbpi case there...
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jennyb
- Posts: 1183
- Joined: Fri Nov 02, 2001 5:24 pm
- Injury Description, Date, extent, surgical intervention etc: January 1980 Yamaha RD200 vs 16 wheeler truck, result, 1 totally paralysed right arm. I was 21, now 54. I had no surgery, I don't regret this. Decided to totally ignore limitations (easily done aged 21) adapted very quickly to one handed life, got married, had 3 kids, worked- the effect of the injury on my life (once the pain stopped being constant) was minimal and now, aged 54, I very rarely even think of it, unless I bash it or it gets cold, then I wish I'd had it amputated :) Except for a steering knob on my car, I have no adaptations to help with life, mainly because I honestly don't think of myself as disabled and the only thing I can't do is peel potatoes, which is definitely a good thing.
Re: Legalvote.com has a tbpi case there...
If you are outside the US you have to 'make up' a state and zip code or they wont let you in!
I found it interesting to see how these cases are handled. As a tbpi with a flail arm I was interested to see his defence contended that he now had 'no use' of his arm, and would be unable to do all those things he used to do-I know flail arm tbpi who do every one of the things he's claiming he can no longer do and this guy can use his hand and move his arm still. I'm not saying it's not a serious injury, I just wouldn't want anyone newly injured assuming they will be 'disabled' to the extent Mr P is contending he is! I suppose that's how these things are done to maximise compensation. It's quite shocking that so many of these injuries seem to occur after surgery, it's now the second highest reason for tbpi on our roll call. Interesting too how so little force is required to give a bpi.
I found it interesting to see how these cases are handled. As a tbpi with a flail arm I was interested to see his defence contended that he now had 'no use' of his arm, and would be unable to do all those things he used to do-I know flail arm tbpi who do every one of the things he's claiming he can no longer do and this guy can use his hand and move his arm still. I'm not saying it's not a serious injury, I just wouldn't want anyone newly injured assuming they will be 'disabled' to the extent Mr P is contending he is! I suppose that's how these things are done to maximise compensation. It's quite shocking that so many of these injuries seem to occur after surgery, it's now the second highest reason for tbpi on our roll call. Interesting too how so little force is required to give a bpi.
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admin
- Site Admin
- Posts: 19873
- Joined: Mon Nov 16, 2009 9:59 pm
Re: Legalvote.com has a tbpi case there...
Francine...thank you for this.
I cried when I read it because I am in the exact same circumstance as the plaintiff, although we are given no information as to whether his condition has worsened
since the surgery as mine has.
I need to know the verdict on this case!
For me, it's far too late for a lawsuit...2 year anniversary of my surgery Aug 4th, but you better believe that the reason I didn't sue is NOT because I don't beleive there was negligence involved!
The difficulty lies in the ability to prove negligence caused the injury.
Of course there will be nothing in the hospital records about abducting the arm too high and externally rotating it or not moving the patient properly or having the neck turned to the opposite side; but something happened to cause this as it did with me and my life is ruined as a result.
Of course the nurses didn't write down my complaints of extreme weakness and inability to raise my arm after surgey...because it was nowhere near the site of surgery, they dismiss it as "normal" post surgical weakness/pain.
The fact that I didn't get a penny of compensation from the hospital and am now being forced to go through mental hell to obtain social security disability is unjust to say the least!
Unfortunately the cards are stacked against us because there is not enough knowledge in the medical community that this CAN and DOES happen due to improper positioning.
If this patient wins his case, hospitals will be forced to stand up and take note of the seriousness of following proper standards of positioning/moving patients and paying attention to post surgical complaints.
Ignorance is not an excuse for not taking responsibility for this and although I will never be compensated for MY pain and suffering, you can bet I will make promoting awareness a lifelong pursuit.
The media will be hearing from me as soon as my disability case is settled...this is not the end of it.
Am I bitter? You bet I am!
At the moment, every part of me is screaming in pain and my hands and arms are numb from typing this.
I have not only suffered a BPI injury and winged scapula, but relentless pain, depression, distruction of any kind of "normal" life, deep debt, marital strain, disability pension denial, and a condition which is getting progressively worse with new conditions such as spinal stenosis, frozen shoulder, and TOS raising their ugly heads; all as a result of this one surgery.
There's a serious lesson to be learned from this case, but it will not be learned unless this man wins this case and it sets a precedent for future cases.
Nan
I cried when I read it because I am in the exact same circumstance as the plaintiff, although we are given no information as to whether his condition has worsened
since the surgery as mine has.
I need to know the verdict on this case!
For me, it's far too late for a lawsuit...2 year anniversary of my surgery Aug 4th, but you better believe that the reason I didn't sue is NOT because I don't beleive there was negligence involved!
The difficulty lies in the ability to prove negligence caused the injury.
Of course there will be nothing in the hospital records about abducting the arm too high and externally rotating it or not moving the patient properly or having the neck turned to the opposite side; but something happened to cause this as it did with me and my life is ruined as a result.
Of course the nurses didn't write down my complaints of extreme weakness and inability to raise my arm after surgey...because it was nowhere near the site of surgery, they dismiss it as "normal" post surgical weakness/pain.
The fact that I didn't get a penny of compensation from the hospital and am now being forced to go through mental hell to obtain social security disability is unjust to say the least!
Unfortunately the cards are stacked against us because there is not enough knowledge in the medical community that this CAN and DOES happen due to improper positioning.
If this patient wins his case, hospitals will be forced to stand up and take note of the seriousness of following proper standards of positioning/moving patients and paying attention to post surgical complaints.
Ignorance is not an excuse for not taking responsibility for this and although I will never be compensated for MY pain and suffering, you can bet I will make promoting awareness a lifelong pursuit.
The media will be hearing from me as soon as my disability case is settled...this is not the end of it.
Am I bitter? You bet I am!
At the moment, every part of me is screaming in pain and my hands and arms are numb from typing this.
I have not only suffered a BPI injury and winged scapula, but relentless pain, depression, distruction of any kind of "normal" life, deep debt, marital strain, disability pension denial, and a condition which is getting progressively worse with new conditions such as spinal stenosis, frozen shoulder, and TOS raising their ugly heads; all as a result of this one surgery.
There's a serious lesson to be learned from this case, but it will not be learned unless this man wins this case and it sets a precedent for future cases.
Nan
-
admin
- Site Admin
- Posts: 19873
- Joined: Mon Nov 16, 2009 9:59 pm
Re: Legalvote.com has a tbpi case there...
Francine...thank you for this.
I cried when I read it because I am in the exact same circumstance as the plaintiff, although we are given no information as to whether his condition has worsened
since the surgery as mine has.
I need to know the verdict on this case!
For me, it's far too late for a lawsuit...2 year anniversary of my surgery Aug 4th, but you better believe that the reason I didn't sue is NOT because I don't beleive there was negligence involved!
The difficulty lies in the ability to prove negligence caused the injury.
Of course there will be nothing in the hospital records about abducting the arm too high and externally rotating it or not moving the patient properly or having the neck turned to the opposite side; but something happened to cause this as it did with me and my life is ruined as a result.
Of course the nurses didn't write down my complaints of extreme weakness and inability to raise my arm after surgey...because it was nowhere near the site of surgery, they dismiss it as "normal" post surgical weakness/pain.
The fact that I didn't get a penny of compensation from the hospital and am now being forced to go through mental hell to obtain social security disability is unjust to say the least!
Unfortunately the cards are stacked against us because there is not enough knowledge in the medical community that this CAN and DOES happen due to improper positioning.
If this patient wins his case, hospitals will be forced to stand up and take note of the seriousness of following proper standards of positioning/moving patients and paying attention to post surgical complaints.
Ignorance is not an excuse for not taking responsibility for this and although I will never be compensated for MY pain and suffering, you can bet I will make promoting awareness a lifelong pursuit.
The media will be hearing from me as soon as my disability case is settled...this is not the end of it.
Am I bitter? You bet I am!
At the moment, every part of me is screaming in pain and my hands and arms are numb from typing this.
I have not only suffered a BPI injury and winged scapula, but relentless pain, depression, distruction of any kind of "normal" life, deep debt, marital strain, disability pension denial, and a condition which is getting progressively worse with new conditions such as spinal stenosis, frozen shoulder, and TOS raising their ugly heads; all as a result of this one surgery.
There's a serious lesson to be learned from this case, but it will not be learned unless this man wins this case and it sets a precedent for future cases.
Nan
I cried when I read it because I am in the exact same circumstance as the plaintiff, although we are given no information as to whether his condition has worsened
since the surgery as mine has.
I need to know the verdict on this case!
For me, it's far too late for a lawsuit...2 year anniversary of my surgery Aug 4th, but you better believe that the reason I didn't sue is NOT because I don't beleive there was negligence involved!
The difficulty lies in the ability to prove negligence caused the injury.
Of course there will be nothing in the hospital records about abducting the arm too high and externally rotating it or not moving the patient properly or having the neck turned to the opposite side; but something happened to cause this as it did with me and my life is ruined as a result.
Of course the nurses didn't write down my complaints of extreme weakness and inability to raise my arm after surgey...because it was nowhere near the site of surgery, they dismiss it as "normal" post surgical weakness/pain.
The fact that I didn't get a penny of compensation from the hospital and am now being forced to go through mental hell to obtain social security disability is unjust to say the least!
Unfortunately the cards are stacked against us because there is not enough knowledge in the medical community that this CAN and DOES happen due to improper positioning.
If this patient wins his case, hospitals will be forced to stand up and take note of the seriousness of following proper standards of positioning/moving patients and paying attention to post surgical complaints.
Ignorance is not an excuse for not taking responsibility for this and although I will never be compensated for MY pain and suffering, you can bet I will make promoting awareness a lifelong pursuit.
The media will be hearing from me as soon as my disability case is settled...this is not the end of it.
Am I bitter? You bet I am!
At the moment, every part of me is screaming in pain and my hands and arms are numb from typing this.
I have not only suffered a BPI injury and winged scapula, but relentless pain, depression, distruction of any kind of "normal" life, deep debt, marital strain, disability pension denial, and a condition which is getting progressively worse with new conditions such as spinal stenosis, frozen shoulder, and TOS raising their ugly heads; all as a result of this one surgery.
There's a serious lesson to be learned from this case, but it will not be learned unless this man wins this case and it sets a precedent for future cases.
Nan