Advocate for Yourself

January 18th, 2012

I was surprised about how fit and independent she was for a woman in her 90’s. She worked three days as a secretary in the office of a friend of mine. Now, she was sitting in my office because she could no longer use her left leg. Her doctors had recommended surgery to remove a benign cyst that had grown and filled with fluid in her left hip joint. The cyst was large enough that she could see the lump and press on it through her skin. The patient felt confident because the surgery was going to be performed not by one, but by two of her doctors, both specialists. One, a general surgeon and the other, an orthopedic surgeon. During the surgery, however, one of the doctor’s mistakenly severed the main nerve in her leg. Now, the woman, who was supposed to have a simple cyst removal, can no longer walk without a walker, stand by herself, drive, or work even part-time. In investigating the case and trying to figure out how such a thing could happen, we learned to our amazement, that neither of the surgeons had ever performed this kind of cyst removal procedure at any time earlier in their career. The general surgeon admitted that he had never removed such a cyst and the orthopedic surgeon also testified that he was unfamiliar with the anatomical approach.

This is little comfort to the patient, however, who went from a healthy and active individual to one who is now dependent on others to dress her, cook for her, shop for her and take care of all of her normal daily activities.

We are now representing the woman in a civil suit to recover the costs of her post-surgery medical care and rehabilitation, and to pay for special equipment and handicapped accessibility she needs around her home. The doctors have so far refused to accept responsibility for the injury.

If the patient had known to ask her doctors frank questions about their experience with this type of procedure, she would have learned that neither of the doctors treating her had adequate experience and could have made an informed decision about seeking surgical treatment elsewhere. When it comes to keeping yourself and your family safe in the health care mine field, it is important to ask questions. Do not be afraid or embarrassed to ask your doctors about their own experience. You are your best advocate when it comes to your healthcare!