Medical Negligence at Fault?
Question by : Medical Negligence At Fault?
I’m going to try to keep this as short and to the point.as I can I have 3 herniated lumbar discs, My insurance carrier recommended and required me to have Epidural Steroid Injections. I declined, they forced me to or else they would not pay for any further treatments.
The first ESI done by anesthesiologist in hospital had caused a dural puncture, punctured my spinal cord, this resulted in nerve damage and furthering my disability.
My Insurance company insisted and required I have 2 more ESIs by another doctor,neurologist, pain management in office, I did, Neurologist said I could NOT have any more ESIs
My insurance company under recommendation of their doctors required me to have a 4th ESI. I flat Out Refused, they said again if I didn’t have it done they’d not pay for further treatment. I had it done by same neurologist, even though I reminded him he said I could not have any more he told me he’s doing whatever the insurance company tells him.
I finally have surgery,should have been minimal invasive, ended up being open back.
The end result is I became worse after each ” treatment “, each treatment caused more problems and now I have arachnoiditis.
Is insurance company at fault, the anesthesiologist that started this, the neurologist that proceeded against his own statements, the back surgeon that performed open back surgery or am I because I gave consent even though it was NOT Informed Consent,
None of the doctors told me each of their procedures have the risk of arachnoiditis even though ALL of them do.
Thank You everyone that answered, I guess I should have mentioned that this is workers comp insurance. That means that if I don’t comply they not only don’t pay for my medical treatments they ALSO stop my lost wages insurance, No income, they then notify my employer and give them a reason to terminate my employment. No Income, I have a family to support as do most of you so I chose to put my faith in that the doctors know best and I thought worst case the treatments don’t work, That ended up not being the case the treatments made my condition deteriorate.and caused additional conditions. I’m not looking to blame anyone, Only I am now having and going to have for the rest of my life pain and symptoms of paralysis and need to know who is paying for my medical care
debijs, It is nice to hear from someone on the inside that has experienced the same from another angle
Best answer:
Answer by Casey Y
You have nothing against the insurance company, they gave you the option of discontinuing your treatment and you chose to proceed. I know that probably seems heartless, but that’s just the way it is.
As for the doctors, you might have something there. They chose to perform treatments, possibly against their better judgment, because they knew that they were going to be compensated. That is a wicked conflict of interest and you might have a case on that front.
As for the informed consent, that is usually a difficult one to prove. You would be surprised at how often people do not hear everything when it involves their health. I have seen people after a meeting thinking the meeting went two different ways; I am referring to a husband and wife on the same side.
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