What is the name of your state? Fl. Had an MRI last done in July of last year, showed a small inpingement in the neck area c3-4, doctor ordered an emg and told me that I had permanent muscle and nerve damage. The report that my attorney received mentioned the test came back normal. The doctor also said that the impingement needed to be closely watched over the next 10 years but again, in the written report it was not acknowledged. There was no follow up treatment and my pain has gotten worse. New doctor ordered new MRI and the impingement has gotten worse. New doctor has ordered new emg. My question is: When an emg is performed is there some type of a read out like an ekg? If there is a read out, and it does show that there is permanent nerve and muscle damage as the first doctor told me, but did not admit it in writing, can I get a copy of the original print out of the test? New doctor has hinted that the problem has progressed due to the fact that the first doctor did not acknowledge the problem and there was no medical follow-up. New doctor saw it immediately on the old MRI and that is why he ordered the new one. Is this a case of medical malpractice/negligence? Due to the fact that the problem has gotten worse. I am now being told by the new doctor that I may now need surgery.
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Medical malpractice?
- Thread starter asel
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
aselWhat is the name of your state? Fl. Had an MRI last done in July of last year, showed a small inpingement in the neck area c3-4, doctor ordered an emg and told me that I had permanent muscle and nerve damage. The report that my attorney received mentioned the test came back normal. The doctor also said that the impingement needed to be closely watched over the next 10 years but again, in the written report it was not acknowledged. There was no follow up treatment and my pain has gotten worse.
--The physician apparently correctly diagnosed and correctly informed you of the condition and the need for close monitoring of the condition over the next ten years.
As for the written report--make sure it is your report, complete with your name and identifying patient numbers. Several times as I have reviewed patient records for attorneys, tests results that were in question were NOT the results for the patient/client being represented by the attorney.
My question is: When an emg is performed is there some type of a read out like an ekg? If there is a read out, and it does show that there is permanent nerve and muscle damage as the first doctor told me, but did not admit it in writing, can I get a copy of the original print out of the test?
--Yes; have your new physician request a copy of the EMG results, including the trace.
Remember, you received the proper information verbally. The problem lies in the suspected incorrect documentation which has done you no harm.
New doctor has hinted that the problem has progressed due to the fact that the first doctor did not acknowledge the problem and there was no medical follow-up. New doctor saw it immediately on the old MRI and that is why he ordered the new one. Is this a case of medical malpractice/negligence? Due to the fact that the problem has gotten worse. I am now being told by the new doctor that I may now need surgery.
--The intitial physician did tell you and did tell you of the need for close monitoring, so 'no', it is not malpractice or negligence on the part of your initial physician. Someone, somewhere made a documentation error and that is negligence, but it has done you no harm and is not malpractice.
Your description of the progression of nerve and muscle impairment is normal. Neurological and muscle deficiencies develop faster in some persons than in others. That is why close monitoring is needed. The person who can do that close monitoring is you. If you have any change in sensation or movement, then you should report it to your physician at once.
I'd have to look up the standards for repeat EMGs, but since less than a year has passed between now and your initial EMG, I doubt the time interval is inappropriate.
Please get a second opinion in a timely manner if you are considering surgery. Surgery is not always the perferred method of treatment; other options are available; however, surgery is the ONLY option in certain circumstances. If you can and are willing, get a second opinion. Whatever you do, stay under the care of a qualified physician, neurologist perferably.
Best wishes,
EC
Last edited:
As for the written report--make sure it is your report, complete with your name and identifying patient numbers. Several times as I have reviewed patient records for attorneys, tests results that were in question were NOT the results for the patient/client being represented by the attorney.
EC, I can only say Wow. Is this due to the dumbing down of doctors' office staff?
EC, I can only say Wow. Is this due to the dumbing down of doctors' office staff?
pele
No, it's not from the dumbing down of doctor's offices or the American work product in general. People are only human and humans make mistakes; always have; always will.
I've seen similar mistakes in hospital records, insurance records, office notes, etc.
The most common mistake I've seen is the improper filing of another patient's report of labs or x-rays. All the data is correct, it's just in the wrong file! Medical records can be boxes deep and the person reviewing the records hardly ever compares each and every page to the client's information--that's in my job description, so I tend to be the one who finds the errors--and, as I go through the records, I am building a clinical picture. Usually, the misfiled document's information does not fit the clinical picture; I tend to notice that whereas an attorney does not.
I have found very few improperly filed reports that led to medication errors or additional testing in error or such. Only one such incident became a significant part of the plaintiff's complaint.
The second most common mistake I find is conflicting patient identifiers on the same report, request, etc.; ie. imprinted with one patient's information and either the handwritten information or the typed report being for another patient. Unfortunately, this type of error is usually not detected by the radiologist or the treating physician when reviewing the test results or the x-ray report! Usually, this type of error has resulted in repeat testing or a big ? being noted on the record! I never have figured out what action the ? indicates or if anyone ever paid it any attention.
Anyway--because the poster's physician told her the results of the test and the indication for close monitoring and yet, the report reads 'normal', I question if the patient identifiers are correct. I should have stated that her currently treating physican should review the actual tests (the films and the tracings); it is possible the report is for the wrong patient.
So--asel--have your currently treating physician review the actual test results and the actual tracings from July 2003; make sure the written report is actually for your tests.
EC
No, it's not from the dumbing down of doctor's offices or the American work product in general. People are only human and humans make mistakes; always have; always will.
I've seen similar mistakes in hospital records, insurance records, office notes, etc.
The most common mistake I've seen is the improper filing of another patient's report of labs or x-rays. All the data is correct, it's just in the wrong file! Medical records can be boxes deep and the person reviewing the records hardly ever compares each and every page to the client's information--that's in my job description, so I tend to be the one who finds the errors--and, as I go through the records, I am building a clinical picture. Usually, the misfiled document's information does not fit the clinical picture; I tend to notice that whereas an attorney does not.
I have found very few improperly filed reports that led to medication errors or additional testing in error or such. Only one such incident became a significant part of the plaintiff's complaint.
The second most common mistake I find is conflicting patient identifiers on the same report, request, etc.; ie. imprinted with one patient's information and either the handwritten information or the typed report being for another patient. Unfortunately, this type of error is usually not detected by the radiologist or the treating physician when reviewing the test results or the x-ray report! Usually, this type of error has resulted in repeat testing or a big ? being noted on the record! I never have figured out what action the ? indicates or if anyone ever paid it any attention.
Anyway--because the poster's physician told her the results of the test and the indication for close monitoring and yet, the report reads 'normal', I question if the patient identifiers are correct. I should have stated that her currently treating physican should review the actual tests (the films and the tracings); it is possible the report is for the wrong patient.
So--asel--have your currently treating physician review the actual test results and the actual tracings from July 2003; make sure the written report is actually for your tests.
EC
Last edited:
EC - thanks for your answer. I am the one who finds the wrong patient's reports in charts when I go through them, but not very often. Still, I do see a dumbing down, or better put, physicians hiring untested and "just out of MA school", or in this case, did not even graduate from MA school, people to staff offices, because they are cheaper. This one MD in our office has had a revolving door as far as MAs go, and I mean a lot. Two to three a year. I have been with him for six years, I am his oldest employee, one has been here for six months, the other about 14 months. Sorry, I know I am venting, but I see so many stupid mistakes, things that get to my desk that should have been caught earlier. Where has all the common sense, logical thought and work ethic gone! Maybe it is just here, because the school system is so bad, and no one seems to care. Thanks for your ear, I know you have mucho experience. Pele
pele
I think you should consider obtaining a four-year degree in medical records managment. Maybe your employer will help pay for the costs. It is a degree that you can get via distance learning, especially if you are employed in medical records. Then you can take over the medical records department for your employer or go out on your own. You can earn really good money as a medical records consultant that provides services to allow smaller facilities to meet the standards of having a medical records professional on-staff.
You seem to like the work and it's a career field that will not disappear or become unnecessary, quite the opposite!
EC
I think you should consider obtaining a four-year degree in medical records managment. Maybe your employer will help pay for the costs. It is a degree that you can get via distance learning, especially if you are employed in medical records. Then you can take over the medical records department for your employer or go out on your own. You can earn really good money as a medical records consultant that provides services to allow smaller facilities to meet the standards of having a medical records professional on-staff.
You seem to like the work and it's a career field that will not disappear or become unnecessary, quite the opposite!
EC
EC - thanks for the advice. I am a transcriptionist now, have been orthopedic office manager and x-ray technician. I know I will have to re-invent myself when I move back to the East Coast, which I will do as soon as the job market improves (although I do get cold feet now when the weather is so bad). I do enjoy my job and getting it right. At my old job in NJ I did everything, insurance, billing, patient care, charts, x-rays, social worker, you name it, the buck stopped with me, and it was a good learning experience (this was before managed care). The only thing I hated was the phone. Thanks again for your input.
Ellencee, yes, it was verified that these were indeed my tests. My treatment was stopped through the insurance company due to the fact that the dr stated in his letter that there was nothing wrong with me, I was referred to a neuropsychologist and he kept sending in referals to get me back into see the neuro but was never responded back to. I am now paying out of pocket, this is also the first time I have been given anti imflamatory and pain meds and I finally have some relief. I also have the copies of the doctors report that states that the emg showed no abnormal readings. That is why I asked in my posting if there was a way to get the original read out of the emg.
asel
Something is just not adding up correctly. If the physician told you that you had nerve and muscle deficiencies from spinal cord compression, correlated with your physical complaints and his examination, then something had to have shown on the MRI if not on the EMG--unless of course the MRI was taken after you received treatment to reduce inflammation and relieve compression; then the MRI may not have shown it but your medical records should support the diagnosis.
Have your currently treating physician look at the actual MRI films, not a written report, the actual pictures.
Is the physician whose letter stated you had no problem a participating provider or contract physician or otherwise 'indebted' physician to your HMO or insurance plan?
Has your insurance carrier denied payment to the new physician even though the new physician has documented your physical status and his exam results showing increased deficits from compression of the spinal cord? If so, that is absolutely not acceptable and you may want to file a suit for 'bad faith' denial of benefits.
Your state's general statutes will address managed care issues and bad faith issues. The insurance commissioner for your state is another person with whom you can file a complaint. I'd start with an attorney that specializes in insurance and managed care law.
You may want to post your denial of benefits issue in the insurance law section of this forum.
I definitely believe you need an attorney who can assist you in gaining the insurance benefit payment that you need and the treatment that you require.
EC
Something is just not adding up correctly. If the physician told you that you had nerve and muscle deficiencies from spinal cord compression, correlated with your physical complaints and his examination, then something had to have shown on the MRI if not on the EMG--unless of course the MRI was taken after you received treatment to reduce inflammation and relieve compression; then the MRI may not have shown it but your medical records should support the diagnosis.
Have your currently treating physician look at the actual MRI films, not a written report, the actual pictures.
Is the physician whose letter stated you had no problem a participating provider or contract physician or otherwise 'indebted' physician to your HMO or insurance plan?
Has your insurance carrier denied payment to the new physician even though the new physician has documented your physical status and his exam results showing increased deficits from compression of the spinal cord? If so, that is absolutely not acceptable and you may want to file a suit for 'bad faith' denial of benefits.
Your state's general statutes will address managed care issues and bad faith issues. The insurance commissioner for your state is another person with whom you can file a complaint. I'd start with an attorney that specializes in insurance and managed care law.
You may want to post your denial of benefits issue in the insurance law section of this forum.
I definitely believe you need an attorney who can assist you in gaining the insurance benefit payment that you need and the treatment that you require.
EC
Ellencee,this is why I am soo frustrated. Yes, the current doctor looked at the original mri and could not understand why it was not acknowledged for further treatment by the first doctor. The first doctor ordered the emg because he saw a "slight inpingement". When I went back to the original doctor for the results of the emg, that is when he told me that I had permanent damage. When his letter was sent to the insurance co. it was stated that there was nothing abnormal re the emg. I was referred to the neurosychologist who got very frustrated that his referals were being ignored ( I have his copys) back to the neuro or a pain management specialist. Yes, the original doctor was an insurance doctor. ////// That "slight inpingement" that the new doctor saw on the first mri is what prompted him to order the new mri and emg. The original doctor treated me like a stupid female. Also I never received any medication, anti imflamatory or nothing. I have had severe headache and neck pain, I have been unable to work. I finally have some comfort and am able to sleep with the medicine. Will follow through about the bad faith. But wouldn't that be more towards the doctor than the ins.co.? It was his actions that caused the denials.
asel
It does sound suspicious of the first physician's telling the insurance company what (it) wants to hear; however, how dumb can he be? If the MRI and the EMG clearly show compression of the spinal cord, then a letter that states no nerve 'impingement' makes him look like a fool. Again, I have to question if this physician has simply written a letter and not based it on the correct patient's findings.
I think you should be able to appeal the insurance denial, provide the insurance provider with copies of the MRI and the EMG studies and demand that your case be reviewed and the decision to deny benefits be reversed.
I also think your attorney should write a letter to the first physician, include a copy of his letter stating 'no problem', and demand that the physician issue a correct and true medical opinion of the findings of the MRI and the EMG, and state the usual course of treatment for such findings.
At this point, it is highly possible that the insurance company will pay benefits for your current treatment and reimburse you for any benefits it should have paid. If they don't, you need to sue them for bad faith denial of benefits.
There is a consequence for a physician's lying in order to save the insurance company's paying benefits. I can't recall it just now, but I'll post again tomorrow with the information--it's some form of fraud and contract law. I beleive that if the physician or insurance 'person' has intentionally prejudiced against your receiving benefits (and is found by the insurance commissioner to have done so), it is a class V felony and you can sue for damages and be awarded up to three times the benefit amount. I don't know if that applies only to disability insurance or if it applies to health benefits, too. Maybe one of the attorneys will post the answer to that part of your situation.
I am glad that you have an attorney and I hope the attorney is one with experience in insurance and managed care law and can help you get this started immediately. If not, find an appropriate attorney as quickly as you can.
Again, for clarity, I have to say that your care received thus far has probably been without negligence or malpractice that resulted in any damage to you, much less the required element of significant damages for a medmal suit. Be glad of that. In your situation, significant damages would most likely be partial or full paralysis from the level of C3-4 downward. You do not wish to have suffered that type of medmal damage.
EC
It does sound suspicious of the first physician's telling the insurance company what (it) wants to hear; however, how dumb can he be? If the MRI and the EMG clearly show compression of the spinal cord, then a letter that states no nerve 'impingement' makes him look like a fool. Again, I have to question if this physician has simply written a letter and not based it on the correct patient's findings.
I think you should be able to appeal the insurance denial, provide the insurance provider with copies of the MRI and the EMG studies and demand that your case be reviewed and the decision to deny benefits be reversed.
I also think your attorney should write a letter to the first physician, include a copy of his letter stating 'no problem', and demand that the physician issue a correct and true medical opinion of the findings of the MRI and the EMG, and state the usual course of treatment for such findings.
At this point, it is highly possible that the insurance company will pay benefits for your current treatment and reimburse you for any benefits it should have paid. If they don't, you need to sue them for bad faith denial of benefits.
There is a consequence for a physician's lying in order to save the insurance company's paying benefits. I can't recall it just now, but I'll post again tomorrow with the information--it's some form of fraud and contract law. I beleive that if the physician or insurance 'person' has intentionally prejudiced against your receiving benefits (and is found by the insurance commissioner to have done so), it is a class V felony and you can sue for damages and be awarded up to three times the benefit amount. I don't know if that applies only to disability insurance or if it applies to health benefits, too. Maybe one of the attorneys will post the answer to that part of your situation.
I am glad that you have an attorney and I hope the attorney is one with experience in insurance and managed care law and can help you get this started immediately. If not, find an appropriate attorney as quickly as you can.
Again, for clarity, I have to say that your care received thus far has probably been without negligence or malpractice that resulted in any damage to you, much less the required element of significant damages for a medmal suit. Be glad of that. In your situation, significant damages would most likely be partial or full paralysis from the level of C3-4 downward. You do not wish to have suffered that type of medmal damage.
EC