May I ask how did you get to the Dr. you are seeing now? I guess that is what got me confused...
And the part about
the MRI is that if it was an emergency or extremely important that this be done, the ER would have admitted you or had this done on any of your visits. So that is what the other Dr. can use.
As in, let's say you leave the Drs. office telling them you are in so much pain and to please have a MRI to find out what is going on and then go straight to the ER. The ER finds that you are truly "emergent" and gets a MRI immediately, admits you, and surgery is done within a few days time....then I could see possibly having a case but even then, Drs. can have varying views when it comes to spine issues depending on how you presented to them in the office.
And that is why I said even now, this new Dr. is saying that you only have the two choices of pain meds for life or surgery...that is still not a view that is one I would necessarily follow.
I think getting a third opinion would then be able to really say whether this first Dr. did something actually negligent. But again, with spine issues which myself and many of us on here are familiar with, it's very tricky as you could go home and do something in one move that makes your spine go from fine to bad.
I'm just trying to say that it is a huge uphill climb to win medical malpractice cases.....and since this new Dr. is not even saying your surgery is necessary...it will be hard to prove "damages" in that aspect. Same thing with the other Dr. not prescribing the type of meds that you wanted. Every Dr. chooses different paths of treatment when it comes to spine issues. Some never use opiates.
And PT is very common for treatment even with severe herniated discs. I still have 3 severe ones in both my cervical and lumbar region as well as many other issues like severe stenosis, spondy, etc. I do home PT at least 5 times a week.
I know you are frustrated and hurting and am glad that you found a good Dr. now that is helping you....
I would just be very surprised if you could actually win a case based on the things that you have told us. But you have to follow what you think is best. And as QT-Pye mentioned just make sure you aren't paying a dime out of pocket to a lawyer to take the case.
I do wish you luck....
Post Edited (Snowbunny21) : 6/26/2013 2:33:14 PM (GMT-6)