Is this negligence?

Question

Several months ago my hubby sustained a serious back injury. He had to file for social security. When we got our first letter of denial ( which was no suprise) it listed all the things he had wrong with him. In those diagnosis a descending aortic anneruysm was listed. I called his doctor and asked for the nurse to look thru the record to see when this was found. I got no answer. I then wrote a letter asking when was this discovered? A few weeks later we get a letter stating " due to you complex medical history I can not treat you anymore, you need to see a doctor that can better suit your medical needs" We have an appt with the social security lawyer next week and I am going to ask to see the MRI's and CT scans that he has. I want to know when the anerurysm was discovered . Do I have the right to seek legal counsil due to the fact that the doctor was neglegent in not telling us. If he is not guilty why did he drop my husband after seeing him for 5 years? Any opinions?

My husband , prior to falling had an enlarged liver which was determined "heriditary" as 3 other family members have the same problem. This was discovered on a routine exam by palpitation. He had an abdominal ultrasound and MRI. This was 6 months before the fall. The testing was ordered by his medical doctor, no others were involved. If i see on his records which the ss lawyer has, can i persue negligence?

Answer 1

Sounds to me like someone in the doctor's office was trying to scam the system out of some $$$$. He probably doesn't even have one, but they reported it to get some extra money for treatment.

Answer 2

You have the right to hire a lawyer to help you get to the bottom of it... but there's something else I'd suggest you do first, even before you see the SSA lawyer next week.

I think what you are saying is that the SSA told you about the aneurism, and you do not say that your doctor's office ever even acknowledged having discovered it, and you don't mention any further tests or treatment.

What I'm not sure of is this: How would tests for a back injury reveal an aortic aneurism? You didn't say they were looking for that, and I don't expect it would show up on a spinal scan; it's too far away, and off to the side a little. Ever seen a sonogram of a fetus? There's all kinds of stuff in a woman's abdomen nearby, but you don't usually see that, do you? I suppose it's possible, but I'm not convinced.

What I do know is that doctors are required to transmit information to government and insurance companies by using certain codes for the condition. Once in a while, a typographical error occurs, and your records show you have conditions you were never even tested for. I heard of a male getting coded for ovarian cancer once, but that may or may not be urban legend.

I'd suggest that you verify that he actually has the condition before you do anything else.

Answer 3

I have an older friend who is in a similiar situation. No one thinks she can work and maintain a job yet she keeps getting denied SSI. While reviewing her case she saw stuff in there that the doctors didn't even tell her, things that she once believed were an automatic approval like dengenerative disc disease with spurs and so forth. But the way the system is for the poor, if you question anything, they drop you. If it's a teaching facility, you're lucky to have the same doctor for a month. The number one priority of most doctors is themselves. They are more worried about their own legal liability than in good doctor patient communication and fixing you up the best they can, including their own mistakes or negligence. My friend has suffered so much medical neglect that she is permanently damaged from it. It took 5 years to get life saving surgery. That's just medical care for the poor, sick and disabled. A lawyer may or may not be able to help you depending on how well the doctor covered his butt. You might be better off just focusing on the health issue and making sure it's fixed than looking for someone to blame because 9 times out of ten they won't care or do anything about it. Doctors rank higher than patients in this world. It's every patient and their advocate for themselves.

Answer 4

There are about 9 million things going on in your question. I think, though, you want to know if there is any legal recourse for you and your husband as far as the aneurysm is concerned. By federal law, your husband has a right to his medical records, which include copies of labs, progress notes, hospitalizations, radiology reports, films, etc. All he has to do is request those - do not pay for them (the doctor's office might try to make you pay their photocopying charges) - they are to be provided free of charge to a patient. Get those records, take then to an attorney and have the attorney review the records to determine if your doc missed a radiology report that indicated an aneurysm and failed to notify you of those findings. This is negligence. Your doc has a duty to notify the patient of medical findings resulting from diagnostic testing and to treat those illnesses or conditions discovered in the course of those studies. Not only did he drop the ball in reporting diagnostic findings to your husband, but he allowed him to roam around without knowledge of and no treatment for an aneurysm, which is a potentially life-threatening condition. Get those records and see your lawyer asap. Sounds like the doc made a huge mistake and is trying to avoid being accountable for it. Also, get your husband to a good neurologist so that he can get some treatment for that aneurysm - it's a timebomb.

Answer 5

One, your doctor has a right to discharge you as a patient for any reason he sees fit - and depending on how you approached his office about this situation they may find you a hostile person they no longer choose to deal with. Also many doctors do not want to get all hung up in workers comp bull.
Now on to the Anuerysm - you know nothing at this point to start screaming "negligence" yet. It may have been an incidental finding and if it was an orthopedic doc then he may have assumed your PCP was aware. It may be there, but be so small that it is of no clinical significance and therefore you will have no damages.

Answer 6

I see no strong evidence of negligence. If the aortic anneruysm was caused by the back injury and not by the doctor there is little you can complain about.

But is obious he dropped the case because in your questions about dates and datails he could smell a sue cooking, and obviously he is not going to help you on that. That doesn't necesarily mean he is guilty, just that he want to avoid a sue.

Answer 7

Perhaps they lost the records and are now trying to cover thier &#$#*.