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Author Topic: Duty of Care  (Read 3237 times)

Palsymum

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Duty of Care
« on: May 29, 2014, 06:10:44 am »
Hi everyone,

I had AN surgery in 2010 and my facial nerve was cut during surgery. My AN was 2.5cm.  The doc said my facial nerve will be monitored during surgery and didn't think my facial nerve was going to be an issue during surgery. However my nerve was cut and I was told that my facial nerve did not stimulate which enables it to be monitored. I live in Australia and went through the public health system.  The doc never discussed with me the possibility of the nerve being cut or what options I have to preserve my facial nerve if it ever became an issue during surgery.

I think a trainee surgeon did my surgery under the supervision of the head neurosurgeon. Should I investigate further or is this normal practice?  Very confused and unsure of what to do. Any help will be greatly appreciated.
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Hokiegal

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Re: Duty of Care
« Reply #1 on: June 01, 2014, 02:28:53 pm »
So sorry this happened to you, especially since you were unprepared for this outcome.  Was the nerve completely severed?  I'm not a doctor, but the "facial nerve did not stimulate which enables it to be monitored" sounds strange to me.   Are they saying there was a problem with the instrumentation used to monitor nerve function?  And if so, why did they proceed?  If it were me, I would inquire further. 
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3.0cm AN diagnosed 08/11, age 47
surgery 09/11, Dr. Patel (MUSC), 95% removed
SSD with tinnitus, right side facial paralysis, vision and balance issues
facial movement much improved, and still returning after 3yrs
"We are better than we think, and not quite what we want to be."  Nikki Giovanni

arizonajack

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Re: Duty of Care
« Reply #2 on: June 02, 2014, 03:33:37 pm »
Well, if you are wondering about a malpractice lawsuit, you could be out of luck as most states have only a 2 year statute of limitations for filing a malpractice lawsuit.

If you want to post your state and the state where you had the surgery I can look it up for you in case it's one of the rare states that has a longer SOL.
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3/15/18 12mm x 6mm x5mm
9/21/16 12mm x 7mm x 5mm
3/23/15 12mm x 5.5mm x 4mm
3/13/14 12mm x 6mm x 4mm
8/1/13 14mm x 5mm x 4mm (Expected)
1/22/13 12mm x 3mm (Gamma Knife)
10/10/12 11mm x 4mm x 5mm
4/4/12 9mm x 4mm x 3mm (Diagnosis)

My story at: http://www.anausa.org/smf/index.php?topic=18287.0

Jim Scott

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Re: Duty of Care
« Reply #3 on: June 02, 2014, 04:21:52 pm »
Quote from: arizonajack on June 02, 2014, 03:33:37 pm
Well, if you are wondering about a malpractice lawsuit, you could be out of luck as most states have only a 2 year statute of limitations for filing a malpractice lawsuit.

If you want to post your state and the state where you had the surgery I can look it up for you in case it's one of the rare states that has a longer SOL.

The poster lives in Australia.   

Palysmum: here's a link to information regarding the statute of limitations for filing a medical malpractice claim in Australia: http://www.medicalnegligenceclaim.com.au/medical-negligence-legal-summary/time-limitations/

Jim 
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4.5 cm AN diagnosed 5/06.  Retrosigmoid surgery 6/06.  Follow-up FSR completed 10/06.  Tumor shrinkage & necrosis noted on last MRI.  Life is good. 

Life is not the way it's supposed to be. It's the way it is.  The way we cope with it is what makes the difference.

arizonajack

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Re: Duty of Care
« Reply #4 on: June 03, 2014, 02:13:40 pm »
Quote from: Jim Scott on June 02, 2014, 04:21:52 pm


The poster lives in Australia.   


Ouch. Can't imagine how I missed that.
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3/15/18 12mm x 6mm x5mm
9/21/16 12mm x 7mm x 5mm
3/23/15 12mm x 5.5mm x 4mm
3/13/14 12mm x 6mm x 4mm
8/1/13 14mm x 5mm x 4mm (Expected)
1/22/13 12mm x 3mm (Gamma Knife)
10/10/12 11mm x 4mm x 5mm
4/4/12 9mm x 4mm x 3mm (Diagnosis)

My story at: http://www.anausa.org/smf/index.php?topic=18287.0
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