Hang on, it's going to be a bumpy ride

[bodybuilder1958]

Found out late this afternoon via en email from my lawyer that the terminal date for respondent is December 16, 2010. Therefore any decision made for surgery or any treatment won't be until next year. Unless something else happens, hate to think that it could be longer.

My reaction, tears at first then I went into my bedroom and prayed. My decision, to fight, to hang on, to not give in to self pity nor tears. I have strength via my faith and my family.

I will not give into pain, I will continue to exercise, stretch and walk until my knee is fixed. I will use crutches when necessary, I won't use an electric cart, I won't give in.

I will continue to remain as positive as possible. Pain is hard, delays are difficult, lawyers are a inconvenient problem, but I am stronger. I will survive this, I will get my knee fixed, I will get a job at the end of this. And one day, I will walk with my husband to the two remaining glaciers at Rocky Mountain National Park.

But hang on, it's going to be a bumpy ride.
BB

[jayne]

BB stay strong...... you can do it..... but remember as a willow you must sometimes bend so you do not break....take care

[Bad Boy Bad Boy]

KS Workers Compensation
Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Medical malpractice lawsuits attempt to hold medical professionals liable when they have failed to proved a professional standard of care.

Examples of medical malpractice include:

Wrongful death
Birth injuries
Failure to diagnose
Misdiagnosis
Improper treatment
Failure to treat
Delay in treatment
Failure to perform appropriate follow-up
Prescription error
Surgical errors
Brain injuries
...and more

In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts. While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following:

The health care provider owed a duty to the patient
The health care provider breached that duty
The patient suffered an injury, and the patient's injury was a proximate cause of the health care provider's breach
A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty (eg. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.

[Bummer Knees]

The positive attituide will get you thru this!

I also said I would never use a cart, but I gave in because the fall risk was to great, and I did not want to reinjure myself.

Now how do you use crutches pushing a shopping cart? (Laughing)

[Bummer Knees]

So Bad Boy where are you suggestiing she goes with this?

[bodybuilder1958]

Failure to diagnose
Misdiagnosis
Improper treatment
Failure to treat
Delay in treatment
Failure to perform appropriate follow-up
Surgical error

My first work comp doctor committed all of these.
1)Failed to properly diagnosis a torn meniscus by not doing an MRI. 2)Misdiagnose-told me I didn't have a torn meniscus after doing a one portal arthroscopy and missing the tear.
3) Failed to treat the torn meniscus
4) Misdiagnosis of synovial fistula, told me that he didn't think it was a synovial fistula. Sent me back to work with no restrictions
5) Failed to treat the synovial fistula
6) Delay in treatment of fistula resulted in an infection
7) Dismissed me from treatment, no follow-ups
8) Surgical error in deviating from the standard of care. Standard of care in an arthroscopy means no less than 3 incisions. Working port, light port and fluid port.

Gee, all these things were done with just my first doctor.
I tried to sue him but found out in Ks that you can't sue your work comp doctor because you receive compensation from your employer.

When I looked into a lawyer I was told by a large firm in our area that suing my employer wouldn't do any good. His reply was that either they always win or they delay treatment until the patient finds a way to pay for care on their own.

So far I've won every time we've gone to court. I'm not willing to take a mortgage out on my home to get my knee fixed.

BBBB, my whole case bottles down to one doctor who ruined my knee.
I had a simple injury which if treated properly would of been just fine.
One simply cannot have a fistula in a weight bearing joint for 2+ months which gets infected and not end up with permanent damage.

I'm staying positive, eventually my knee will get fixed. But we're wondering when and how well I'll recover. But life's an adventure, just wish it wasn't so painful.

BB

[Bad Boy Bad Boy]

http://www.dol.ks.gov/wc/html/doc/lawsRe...20-08).pdf

[bodybuilder1958]

Bad Boy Bad Boy Wrote:http://www.dol.ks.gov/wc/html/doc/lawsRe...20-08).pdf

Page not found

[bodybuilder1958]

BBBB should I contact an Ombudsman Service to try and speed things up. Of course I'd let my lawyer know, after I do it.

[Bad Boy Bad Boy]

MY, MY.....

(((Gee, all these things were done with just my first doctor.
I tried to sue him but found out in Ks that you can't sue your work comp doctor because you receive compensation from your employer.

When I looked into a lawyer I was told by a large firm in our area that suing my employer wouldn't do any good. His reply was that either they always win or they delay treatment until the patient finds a way to pay for care on their own))))

There isn't anything in the KS work comp ACT, Laws, or Rules, that states you can not sue the doctor for MalPractice.

If an employer or their Insurance or a Third Party handling the case is purposesly holding off medical treatment, without good cause is call (BAD FAITH) and then showing the proof can result in a Tort Suit.... Also check the RICO act, where work comp insurers been sued....

If you trust your Attorney, then there isn't anything I can help you with. If you know what I mean?

No sense in me pulling all this information up, if you wish to do nothing. If you wish do something, then I will take the time and try and help you find the information you may need. It's up to you...