Info on here has been very inteseting.
Currently trying to find out whats wrong
with partner. She was rushed into
hospital with diagnosed with probable
viral meningitis. First lumber puncture
was unsuccesful, they tried for an hour to
drain fluid but failed. Next day a
different doctor placed my patrner in a
different position and succesfully caried
out lumber puncture. He commented first
attempt had been done in wrong place!
Words cannot describe the pain and
distress these two lumber puncture caused
my poor girlfriend. Especially the hour
long unsuccesful first attempt.
After being discharged from hospital after
4 days, she was readmitted after a check
up with her family doctor. She's still
poorly, and showing all the signs of a
leaky lumber puncture.
Its nearly 2 weeks now. And all the
hospital has done is, firstly diagnosed
meningitis, and now has done mri check no
tumors. Mri was thankfully clear. I'm no
doctor, but her symptoms seem to match all
those of a leaky lumber puncture.
Constant bad headaches, unable to sit up
or stand for long, photo sensitivity,
excess movement causes vomiting etc.
Hospital has so far not mentioned that it
could be a leaky lumber puncture.
|
fatfamily02
Extremely EHEALTHy
Joined: 20 Jul 2005 Posts: 3050 Location: Georgia, USA
Posted: 01-22-06 01:57am
Yes, that is what it was like for me, get
her back to er or something and tell them
she had lumbar puncture and having severe
headaches, with nausea. They did a blood
patch for me right in the er and I felt so
good I could have kissed the .Dr. I
thought I would die for 5 days before that
meeting in the er, though. When I would
lay on my side, I could even feel the
fluid in my brain running to the other
side--like I was 1/2 empty. Talk about a
strange experience.
|
gentlesouluk
New User, Becoming EHEALTHy
Joined: 21 Feb 2006 Posts: 1 Location: Grimsby
Lumbar Punctures Severe Back Problems Posted: 02-21-06 18:00pm
Hi I am new to this web site but I have
been looking for something like this to
try and get some answers, reading some of
the posts I now know I am not going mad
and that other people do have the same
symptoms as me, I have been constantly
told that the symptoms I have are nothing
to do with lp's I have had.
Ok here is a little bout my story.
I have benign inter cranial hypertension,
I was diagnosed 24 years ago after having
my son, I was suffering from violent
headaches and sickness, I had a lumbar
puncture(lp) to check the pressure
surrounding my brain, apparently the
danger level is 13 mine was 27 they
drained some fluid off to reduce pressure,
I was told that from time to time I may
have to have a lp but it would be rare, it
was a terrible experience that gave me
electric shocks in different parts of my
body at different times they did them. I
was also told I may have to have a shunt
put in my head at a later date if the
diuretics stopped working.
10 years ago I started having black outs,
I had moved areas so was sent to a
different hospital. I went and saw a
junior dr on the ward who said I had to
have a lp it took them 3 attempts to
insert the needle correctly and drain
fluid off, after 2nd attempt they gave me
"an hour off" and administered a second
dose of local anaesthetic, besides the
horrendous electric shocks I suffered in
different parts of my body, depending
obviously which nerve they were touching,
I was sent home 5 hours later, I was in
bed for 5 days in terrible pain in my
head, and was admitted back into hospital
for 5 days were they told me I had low
pressure headaches at this point they told
me I need lp's every 3 weeks, they did
this for 10 months, other than one time
when a female indian dr did it I never had
one lp it was always on the 5th 6th
attempt that they managed to insert it,
after 10 months of suffering this and
being in terrible pain I insisted on
seeing the consultant I had never seen the
dr I was actually under always registrar's
as you can imagine when the roll over of
wards took place I got another set of
junior dr's training in doing lp's, my
husband was getting very concerned as he
stayed with me through out each one for
support, I saw the consultant who said to
me " your back must be in a bit of a mess
by now"?? I think we need to do surgery
and put a shunt in, my pressure was always
between 27 and 30 they would reduce it and
each time ti was 27 & 30 when I went
back, I was admitted into hospital 2 days
later for surgery.
I was told that I would have to have some
sort of scan to decide which way they
would insert it! Either from spine to
stomach obviously safest and quickest, or
from skull to stomach, I laid there for 12
hours waiting for the scan to be told they
had decide not to do it they took me to
surgery and inserted a shunt.
Since that day my back got worst and worst
to the point I go into spasm when I walk
too far stretch or bend over, I can not
stand for very long as I go into spasm I
get a terrific electric shock in my spine
it then goes down my leg through my hip I
can not move my hip it is as though I am
paralysed then when pain eases I have
tooth ache in my leg and back and my leg
feels like a lead weight I am on umpteen
pain killers I have to lie down in bed to
wait for the pain to go, this can take
anything from 1 hour to 3 weeks, I am now
registered disabled, I can not prove that
lp's caused it but I do wander how many
other cripples are going to be created
before someone stops this from
happening.
thank you for allowing me to share this
with people who may understand I have been
alone with this for all these years.
Because people say lp's don't cause this I
have thought I was going mad until I read
some posts on here and realised other
people are suffering along with me.
|
eddieeddie
New User, Becoming EHEALTHy
Joined: 26 Feb 2006 Posts: 5 Location: Massachusetts
19 Holes-he Was At the 18th-and Went to the 19th After a Rou Posted: 02-26-06 14:01pm
Trudy-i had a tumor taken out of my left
foot nov3rd,05. After two days the pain
was awful-i went in for a nerve block
injection-#1 the pain from the injection
was worse then the surgery -then I noticed
him massaging the injection site with bare
hands -within 2davs I had a fever and a
puss bubble in the injection spot-no
gloves nadda-angers me off that some not
all think they are god ...I have a primary
care doc. That I would follow through the
gates of hell...Good luck, get a attorney
-wrong -is wrong -we pay for there
knowledge -not there stupidity-i hope you
are feeling better -------god bless
w/respect eddie
|
joanne dwyer
New User, Becoming EHEALTHy
Joined: 28 Feb 2006 Posts: 2 Location: england
Lumber Pucture/backpain Posted: 02-28-06 14:51pm
Hi my names joanne I was taken into
hospital a week ago for a severe head
pain. I under-went a ct scan and it
showed no tumors, I then under went 7
lumber puncture attempts by two docter who
kept going in and I ended up passing out,
they came and attempted again I went into
shock and wanted to be sick and could'nt
swallow. The nuring staff told the
doctors to stop I had had enough and that
they had been at it from 9.30am till
12.30pm. I was in severe pain all down my
spine and in my hips. The next day at
9.30am an anaesthetist came and attempted
to do another he went in two times with no
luck and with great pain to me finally the
third time he managed to get some fluid,
he said it was the most difficult he had
ever done because my vertebra's were close
together. I came out of hospital the very
next day I could hardly move, I was having
spasms in my legs and arms and in great
pain, I also had lost some of my hearing
it felt like I was underwater. I ended up
back in hospital the next day and was told
they didnt know what it was, they never
checked me over and discharged me. I am
in great pain and am living on tramadol,
ibroprofin, paracetamol, gabapentin,
dothapin and benahistine hydrochloride. 4
times a day, my employer is a gp and he is
disgusted and wants me to make a formal
complaint I dont know what to do.
|
Tamadrummer
Active User, Really EHEALTHy
Joined: 15 Oct 2004 Posts: 710 Location: Zephyrhills,Fl
Posted: 02-28-06 18:25pm
It is totally beyond me as to how bad
these doctors are at doing a procedure
that is as important as an lp.
Unless you are pregnant, you need to be
asking about floroscopy. Make them use
technology to find the spinal canal and
navigate with x-ray.
|
joanne dwyer
New User, Becoming EHEALTHy
Joined: 28 Feb 2006 Posts: 2 Location: england
Lumber Pucture Posted: 03-01-06 05:32am
Hi thanks for your reply. I have decided
to take this matter further and have
contacted the hospitals patient liaison
manager. This morning my ears seem
clearer, however my pain in my back is
worse I can hardly walk. I noticed that
someone said they had lots of holes in
their back, I have many holes in my back
and there right up to the middle of my
shoulder blades,as well as at my lower
back. I dont feel well at all, my
headaches have gone, however I am left
with worse pain than I went in with. I am
going to see an ear nose and throat doctor
this week about my ears. I have a balance
problem which I have had since dec 1st,
but since I experienced the lumber
punctures I am much worse and I feel dizzy
all the time, my husband is too scared to
leave my children alone with me. I am at
my wits end I have not seen my children
properly since last sunday. How do I care
for them a 2 year old and a 8 year old, I
feel useless especially since I am very
hyper active normally.
|
kevinradford
New User, Becoming EHEALTHy
Joined: 05 Mar 2006 Posts: 1 Location: Halifax, West Yorkshire
Back Pain Following Lumber Puncture Posted: 03-05-06 04:04am
Can anyone help us as we are our wits end
on monday last week my wife was admitted
to hospital after complaining of severe
headaches. A ct scan was performed and no
bleed was found in the brain. A lumber
puncture was then performed by a junior
doctor who after several attempts to drain
fluid gave up and another doctor stepped
in.
He stated that it was common in women to
find it hard to drain fluid.
The fluid was drained and 2 hours later my
wife was discharged from hospital with the
explanation that she was probably
suffering from migraine.
On friday of this week my wife is going
nuts with back pain and I mean nuts.
She is struggling to walk, she cannot get
comfortable no matter which position she
adopts either standing or lying down.
Has anyone else experienced this or does
anyone have any answers as we are both
going mad with it
|
AM_28
New User, Becoming EHEALTHy
Joined: 04 Mar 2006 Posts: 8 Location: UK
Lp Posted: 03-06-06 08:45am
Hi guys sorry to be late to this
particular party. Ha, note my
sarcasm.
I too believe that lumbar punctures are
creating problems in people that doctors
don't fully understand.
Trudy I am in the uk too and I would be
interested to know did you sign a consent
form before the lp? It says on the
consent form, on the back, that in the uk,
the courts want evidence that reasonable
risks were explained to reasonable people
and then goes on to advise that
"reasonable" has not been defined.
I had a lumbar puncture recently and I
went through the consent form in detail
but was told regarding my existing back
pain - we cannot tell you the long term
risks - but I am also being told that I
can't get diagnosed without lumbar
puncture, so I went ahead with it, but I
wrote on the form myself, long terms risks
unquantified.
There is a process that is supposed to be
followed in detail for the performance of
a lumbar puncture - and the risks of
infections in uk hospitals are extremely
high, they are supposed to scrub you
before they even touch you!!! They
should have used fluoroscopy, no question.
To attempt a lp a second time after you
blacking out again without fluorscopy is
in my view patently negligent.
There are enough of us here bringing this
issue into the open that we all know
something is going on with these lumbar
punctures damaging people and people not
being propery informed of the risks.
How can you consent to a lumbar puncture
properly if you are not aware of the
longer term risks????
We can't all be going mad!!!
Furthermore trudy, I am sorry to have to
tell you that it is a common defence
mechanism for uk doctors to label patients
as depressed when they can't find the
answer to a problem for a while. You
have to stamp your feet and make it
categorically clear that this is a
physical problem which commenced after a
lumbar puncture. Demand better answers
than this, it's pathetic and unacceptable.
You're a human being, we wouldn't leave
an animal in pain without doing
something!!
Trudy - also the question of the prolapsed
disk - was this seen on mri previously?
Or a new finding? Is the disk causing
the nerve problems? Or the lp?
These are the issues that would need to be
disseminated in order to understand how to
proceed. If it is not the disk causing
the neuro problems, the lp could be to
blame.
Mri doesn't show everything, there are
other imaging tests such as isotope bone
scans. There is no single imaging test
that shows everything and quite often
anything that is there is missed.
I think you and a lot of others here sound
like the classic patient that falls prey
to a doctor who proceeds straight into
investigations without explaining the
implications to the patient and perhaps
not obtaining proper consent. It is
well and good you signing the form if you
did, but if the risks were not properly
explained this amounts to consent without
being informed of the facts, i.E.
Basically consent by deception.
I really think you should consider a visit
to a solicitor - this sounds like classic
clinical negligence to me. You will
find it very difficult to get anyone to
admit that your symptoms are a result of a
lp - doctors close ranks and protect each
other in these cases but an expert medical
opinion may be enough to swing things in
your favour.
I would also consider it negligent to
continue attempting lumbar punctures after
one attempt where you blacked out. The
next attempt - given the catastrophic
results of the first should have been
conducted with guided fluoroscopy to
ensure correct placement of the needle.
These scenarios are getting all too common
in the uk, it's outrageous that it is
continuing, but if people do not go and
seek legal advice and make these negligent
doctors accountable this problem and
others will continue.
It has come to the stage where the
government in the uk is putting aside 1
billion uk £ per year to pay for clinical
negligence claims because there are so
many errors in uk medicine. The
government are now working on an nhs
redress scheme which will compensate
people up to 20/30 thousand £ claims to
save money on litigation fees.
I suggest you contact a solicitor, get
your local mp on board, the chief
executive of your local hospital, ask them
for a full explanation, get copies of your
medical records first before you do
anything - if you are going to suffer with
long term disability then some careful
planning needs to be put in place now and
you definitely need proper answers from
the medical community, not fob offs.
I think a few other people here also need
to go and see solicitors that specialise
in medical negligence - the only way to
change this situation is for people to
start bringing it to the attention of the
courts. This is people's lives and
futures we're talking here and it is
absolutely unacceptable that people are
becoming disabled and suffering with
chronic pain just because they had a test
and were not told of the risks.
Trudy since you asked the original
question, let us know how you get on,
regards anne ps do not be frightened to
kick up a big fuss, this is your life and
we only get one, no doctor would sit back
in pain and unable to function without
demanding answers, why should we?
|
trudy
New User, Becoming EHEALTHy
Joined: 09 Nov 2005 Posts: 12 Location: gloucestershire
Re: Bad Doctor...bad Luck Posted: 03-08-06 15:42pm
seanmcki
wrote:
hello everyone, I have also
had a horrible experience with a spinal
tap. I went to the hospital 4 nights
ago, due to an extreme migraine. I have
had similar migraines before, due to
muscle tension in my neck. I explained
this to the er doctor, but he insisted in
doing a ct scan and a lp. The lp. Was
horrifing!! I felt stabbing pain all up
and down my back, repediatly..They left me
lay there for two more hours(without
checking the bandage), gave me two tylox
and said see ya later..I made it back to
my house (after stopping to throw up
twice) and my wife took a look at my back
and was shocked to find 19 holes that
problem doctor had made in me. I stay
lying down the rest of the day and night
with a new headache. This new headache
deserves a catagory all to its self.
The mother of all migraines..I could only
stand up momentarily for the pain would
knock me to the floor instantly. When
lying flat the pain would subside. I
went to a differnt hospital and the staff
at the hospital acted very surprized about
the amount of holes in my back. They
preformed a blood patch, which provided me
with instant relief from the headache.
Now my lower back feels extremely bruised
and I still have a dull headache. I'm
scared about what the future will hold.
How much spinal fluid can a person afford
to loose?
When does brian damage occour?
The doctor did not even have a face mask
on nor did he scrub his hands. I
noticed that at the second hospital I went
to they took great care in insuring a
steril enviroment , and the first hospital
did not even have sheets on the bed.
Im not sure, but I bet any kind of
infection in your spinal area is no
joke..
I wish I had my head on right before the
spinal tap was first done, but anyone who
gets migraines can tell you that all you
can think of is making the pain stop.
If anyone has had an experience like this
I would appreciate the
insite
hi are you still having any problems from
your lumber punctures ??? If so what are
they.
Thanks
|
trudy
New User, Becoming EHEALTHy
Joined: 09 Nov 2005 Posts: 12 Location: gloucestershire
Re: Lp Posted: 03-08-06 16:24pm
am_28
wrote:
hi guys sorry to be late to
this particular party. Ha, note my
sarcasm.
I too believe that lumbar punctures are
creating problems in people that doctors
don't fully understand.
Trudy I am in the uk too and I would be
interested to know did you sign a consent
form before the lp? It says on the
consent form, on the back, that in the uk,
the courts want evidence that reasonable
risks were explained to reasonable people
and then goes on to advise that
"reasonable" has not been defined.
I had a lumbar puncture recently and I
went through the consent form in detail
but was told regarding my existing back
pain - we cannot tell you the long term
risks - but I am also being told that I
can't get diagnosed without lumbar
puncture, so I went ahead with it, but I
wrote on the form myself, long terms risks
unquantified.
There is a process that is supposed to be
followed in detail for the performance of
a lumbar puncture - and the risks of
infections in uk hospitals are extremely
high, they are supposed to scrub you
before they even touch you!!! They
should have used fluoroscopy, no question.
To attempt a lp a second time after you
blacking out again without fluorscopy is
in my view patently negligent.
There are enough of us here bringing this
issue into the open that we all know
something is going on with these lumbar
punctures damaging people and people not
being propery informed of the risks.
How can you consent to a lumbar puncture
properly if you are not aware of the
longer term risks????
We can't all be going mad!!!
Furthermore trudy, I am sorry to have to
tell you that it is a common defence
mechanism for uk doctors to label patients
as depressed when they can't find the
answer to a problem for a while. You
have to stamp your feet and make it
categorically clear that this is a
physical problem which commenced after a
lumbar puncture. Demand better answers
than this, it's pathetic and unacceptable.
You're a human being, we wouldn't leave
an animal in pain without doing
something!!
Trudy - also the question of the prolapsed
disk - was this seen on mri previously?
Or a new finding? Is the disk
causing the nerve problems? Or the
lp? These are the issues that would
need to be disseminated in order to
understand how to proceed. If it is
not the disk causing the neuro problems,
the lp could be to blame.
Mri doesn't show everything, there are
other imaging tests such as isotope bone
scans. There is no single imaging test
that shows everything and quite often
anything that is there is missed.
I think you and a lot of others here sound
like the classic patient that falls prey
to a doctor who proceeds straight into
investigations without explaining the
implications to the patient and perhaps
not obtaining proper consent. It is
well and good you signing the form if you
did, but if the risks were not properly
explained this amounts to consent without
being informed of the facts, i.E.
Basically consent by deception.
I really think you should consider a visit
to a solicitor - this sounds like classic
clinical negligence to me. You will
find it very difficult to get anyone to
admit that your symptoms are a result of a
lp - doctors close ranks and protect each
other in these cases but an expert medical
opinion may be enough to swing things in
your favour.
I would also consider it negligent to
continue attempting lumbar punctures after
one attempt where you blacked out.
The next attempt - given the catastrophic
results of the first should have been
conducted with guided fluoroscopy to
ensure correct placement of the needle.
These scenarios are getting all too common
in the uk, it's outrageous that it is
continuing, but if people do not go and
seek legal advice and make these negligent
doctors accountable this problem and
others will continue.
It has come to the stage where the
government in the uk is putting aside 1
billion uk £ per year to pay for clinical
negligence claims because there are so
many errors in uk medicine. The
government are now working on an nhs
redress scheme which will compensate
people up to 20/30 thousand £ claims to
save money on litigation fees.
I suggest you contact a solicitor, get
your local mp on board, the chief
executive of your local hospital, ask them
for a full explanation, get copies of your
medical records first before you do
anything - if you are going to suffer with
long term disability then some careful
planning needs to be put in place now and
you definitely need proper answers from
the medical community, not fob offs.
I think a few other people here also need
to go and see solicitors that specialise
in medical negligence - the only way to
change this situation is for people to
start bringing it to the attention of the
courts. This is people's lives and
futures we're talking here and it is
absolutely unacceptable that people are
becoming disabled and suffering with
chronic pain just because they had a test
and were not told of the risks.
Trudy since you asked the original
question, let us know how you get on,
regards anne ps do not be frightened to
kick up a big fuss, this is your life and
we only get one, no doctor would sit back
in pain and unable to function without
demanding answers, why should
we?
dear am
i am sorry I have only just read your
reply & everyone elses, I am over
whelmed and should I said had tears in my
eyes reading all of the quotes on here,
until I came on here I had no idea that
anyone else was suffering.
Firstly am - are you a solicitor, because
you should be !!!! I read your quote
with happiness, I have been trawling
through the internet since april 05
looking for some explanation of my
symptoms, and you are correct, doctors do
stick together, I had come up with nearly
nothing on the net.
:arrow: can I just mention, I was never
offered a consent form nor was the
procedure explained to me it was a quick
rush job that was handled badly I think.
:shock:
i am still in severe pain, I can hardly
bend backwards from a standing position, I
have never suffered with back pain, I have
never had a slipped disk or any other back
problems, I certainly have never had pain
running down my right leg and numbness, I
have always been able to sit in a car for
more than 5 minutes without having to move
around to try and stop the pain, I have
never been in such severe pain in my life.
:cry:
before I had 2 lumber punctures.
I wish I could take you all to my doctors
and yell - look there are others with the
same condition !!!
But how do we prove it - and is anyone
else interested in trying to prove that
lumber punctures do damage
???????????????????????????????/
|
AM_28
New User, Becoming EHEALTHy
Joined: 04 Mar 2006 Posts: 8 Location: UK
Lumbar Punctures And Residual Damage Posted: 03-08-06 17:57pm
Hi trudy
thanks for your kind words. I feel your
pain so much, I have been through a series
of medical blunders myself, we put our
utmost faith in doctors and don't realise
that mistakes are made frequently, my own
experience showed how much these negligent
medical mistakes can devastate a person's
life.
The only way forward to bring the
attention of the medical world to these
residual lumbar puncture problems is for
everyone to go and see solicitors, explain
their situation and find out is there a
case for negligence.
It has come to light in the uk that a lot
of people with cancer are missed in the
stages when they should be diagnosed,
there are also cases of childhood epilepsy
in leicester, there are a whole catalogue
of medical blunders, they are just hushed
up a lot and the doctors are struck off
then reinstated quietly a few years later.
I am not for a moment suggesting that
every doctor is at fault all the time but
in trudy's case, it is negligent when the
doctor did not obtain written consent and
therefore certainly could not explain the
risks. This lumbar puncture is
negligent. It is negligent medical
practice to proceed without obtaining
patient consent and without explaining
reasonable risks.
A person cannot give full consent without
being fully briefed on the risks of
proceeding with a lumbar puncture. There
is a consent form in the uk it details on
this form what the courts would expect to
be explained to the patient.
It is not acceptable to carry out a lumbar
puncture without a dissemination of the
procedure first, then get the patient's
consent on the written form then carry out
the procedure according to established
protocol.
There is a new up to the minute book on
clinical negligence just came out if
anyone wants the details let me know.
Regards
annemarie
|
trudy
New User, Becoming EHEALTHy
Joined: 09 Nov 2005 Posts: 12 Location: gloucestershire
Re: Lumbar Punctures And Residual Damage Posted: 03-09-06 02:57am
am_28
wrote:
hi trudy
thanks for your kind words. I feel your
pain so much, I have been through a series
of medical blunders myself, we put our
utmost faith in doctors and don't realise
that mistakes are made frequently, my own
experience showed how much these negligent
medical mistakes can devastate a person's
life.
The only way forward to bring the
attention of the medical world to these
residual lumbar puncture problems is for
everyone to go and see solicitors, explain
their situation and find out is there a
case for negligence.
It has come to light in the uk that a lot
of people with cancer are missed in the
stages when they should be diagnosed,
there are also cases of childhood epilepsy
in leicester, there are a whole catalogue
of medical blunders, they are just hushed
up a lot and the doctors are struck off
then reinstated quietly a few years later.
I am not for a moment suggesting that
every doctor is at fault all the time but
in trudy's case, it is negligent when the
doctor did not obtain written consent and
therefore certainly could not explain the
risks. This lumbar puncture is
negligent. It is negligent medical
practice to proceed without obtaining
patient consent and without explaining
reasonable risks.
A person cannot give full consent without
being fully briefed on the risks of
proceeding with a lumbar puncture.
There is a consent form in the uk it
details on this form what the courts would
expect to be explained to the patient.
It is not acceptable to carry out a lumbar
puncture without a dissemination of the
procedure first, then get the patient's
consent on the written form then carry out
the procedure according to established
protocol.
There is a new up to the minute book on
clinical negligence just came out if
anyone wants the details let me know.
Regards
annemarie
anne marie
i would love to have a look at it. Trudy
please let me know
|
AM_28
New User, Becoming EHEALTHy
Joined: 04 Mar 2006 Posts: 8 Location: UK
Clinical Negligence Book Posted: 03-09-06 08:19am
Hi folks, this is the link to the book on
clinical negligence, it is very expensive,
perhaps if a few people in uk want to club
together? Or you can get it on 30 day
trial, regards annemarie
Joined: 09 Nov 2005 Posts: 12 Location: gloucestershire
Lumber Puncture Problems Posted: 03-10-06 05:43am
Hello everyone
reference all you people that are
suffering in pain through lumber punctures
& no answers to why you feel the way
you do, being fobbed off from doctors and
medical staff.
I am trying to collect as much information
as possible.
Does anyone know whether it is law in this
country to have to get a consent form
signed before a lumber puncture is done
???
I have also been told that proving a
lumber puncture negligence is vitually
unheard off !!!!. - anyone got any
thoughts on this ?????
Good news is found a succesful tried case
in the usa if anyone would like a copy
please pm me.
if you are going to consider preparing
your own case then there are a few things
to be aware of in the uk. I will
address your points in order:
there is no legal black and white answer
regarding consent. What the courts try
to establish is, was the lack of consent
negligent? In cases where it might be
say an emergency measure to save someone's
life, it may just be acceptable to avoid
consent. But in your case, a simple
test, there is really no reasonable
justification for not obtaining consent.
What you are trying to prove is
negligence and the defendant doctor would
have provide as his defence, an extremely
good justification, which to my mind, does
not exist in this case. It was not an
emergency lumbar puncture and you were not
unconscious prior to the procedure,
meaning there was no real reason not to
explain the risks and gain your consent
before the lumbar puncture.
Proving medical negligence rests within
tortious law - the law of torts.
Negligence against the person is a
tortious breach, for which the remedy is
damages. There are concepts to be
considered within tort law, such as
remoteness and reasonableness and
foreseeability. What the court would
ask, is was it foreseeable that your
current medical problems would be caused
by a lumbar puncture? They would also
consider the "but for" test which is,
would this lady have these problems, "but
for" having a lumbar puncture.
This is why there is an element of
uncertainty in medical cases, it's all
down to what the defence comes up with,
but a good lawyer in your case would
certainly be able to mitigate their
defence. These cases all spin on their
own merits, there's no set black and white
parameters in many medical cases.
Moving on to your point about the usa case
- while this might be good evidence on the
medical side, legally it counts for very
little in the uk. The doctrine of
judicial precedent decrees that courts
must follow binding decisions made in
previous cases in the uk. We are only
bound by europe, who ultimately through
ecj have jurisdiction over the domestic uk
courts. If you raise a case which has
never been raised, the case will turn on
it's own merits and facts.
Looking again at consent issues - even if
you had consented, known as volenti, a
common defence, the courts will still look
to attribute your current medical
condition as a direct consequence of the
lumbar puncture. Effectively if they
could link them, any consent on your part
merely amounts to contributory negligence
and a potential reduction in damages.
I have the details of a man whom
successfully raised a case and challenged
a defendant doctor, he won, if you want
those details buzz me.
But I really do suggest that this is
matter for an expert solicitor whom is
experienced in medical negligence.
Undoubtedly you would need to bring a
barrister into it too at some point.
But assessing all the facts - there was no
emergency and you were conscious, which
all reinforce the presumption that consent
should have been gained and a failure to
do so was negligent.
Regards
annemarie
|
mbalsom
New User, Becoming EHEALTHy
Joined: 27 Mar 2006 Posts: 3 Location: rugby
Posted: 03-28-06 13:03pm
:? Hi there, I was diagnosed with ms last
june and was told I didnt need a lumber
puncture to prove diagnosis. Then a
different consultant decided I did first
attempt (on ward with people bumping doc
while needle was in my back surprised im
not parylised) unsupervised by her
superior she then decided she couldnt do
it and went off 2 find him leaving needle
in my back. Couldnt find him so abondon
attempt. 2nd attempt 2 days later went
off 2 find him again (found him thank god)
and completed procedure. I have had
constant back pain since. I was never
given a consent form, told I could refused
or were the dangers explained 2 me. I
feel extremely angry abot the way I was
treated and have contacted a solicitor.
Has anyone else had simlar treatment?
|
AM_28
New User, Becoming EHEALTHy
Joined: 04 Mar 2006 Posts: 8 Location: UK
Posted: 03-28-06 15:59pm
Hi, with regards to diagnosis of multiple
sclerosis, if you were already told you
definitely had ms before a lumbar puncture
then under the national institute for
clinical excellence guidelines you
probably didn't even need the lumbar
puncture.
If the procedure is not explained fully
then you cannot be said to have given
consent, even if you did sign a consent
form. A lack of consent fundamentally
equals battery in the law of tort under
the category of trespass to the person.
There is a case called sidaway (vs x
health authority) where a patient was told
they needed a spinal procedure and she
signed a consent form. However the
patient was not told of the 1 or 2% risk
of paralysis because the doctor thought
the risk was so small. The patient
became paralysed following the procedure
and successfully brought an action against
the doctor for negligence in not fully
explaining the risks. The foundation of
the case was based on the lack of informed
consent. You cannot fully consent to a
procedure if you are in fact not made
aware of the risks.
Glad to see people are going to solicitors
and doing something about it but even
seeing a solicitor is a minefield, you
really need one that specialises in
medical negligence.
Regards
am
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mbalsom
New User, Becoming EHEALTHy
Joined: 27 Mar 2006 Posts: 3 Location: rugby
Posted: 03-29-06 04:21am
:d thanks 4 you comments am currently in
contact with a specialist solictor in med
neg. Will keep u posted
|
dcstuetz
New User, Becoming EHEALTHy
Joined: 01 May 2006 Posts: 1
Posted: 05-01-06 21:12pm
Hello everyone,
while I personally cannot relate to the
pain and agony you must all be going
through my young teenage daughter most
definitely can!
Last summer she was diagnosed with a strep
throat and was prescribed a medication
which contained a sulphite, after taking
the prescribed drugs for 10 days her
condition worsened to a point where she
could no longer gather up the strength to
walk, was experiencing severe migraines,
and was extremely sensitive to noise and
light. After a mad and fearful rush back
to the doctor she was transported via
ambualnce to the hospital.
They left her for three hours, in complete
pain, squeezing my hand until it went
blue, and biting her lip to keep form
crying until they put her in a dark and
private room. After another eight hours
we finally saw a doctor, at which point my
daughter had begun to pass in/out of
conciousness. After seeing her for 15
minutes he sent in a nurse to put an iv in
her arm and told us that while he was sure
it was only an allergic reaction he felt
it was neccessary to perform an lp right
away.
We were never given any information and
were only given a waver to sign which did
not explain any of the risks, the doctor
had informed us that there were no
possible scenarios where anything could go
wrong. We signed and they put my daughter
under with a dose of morphine.
Needless to say the doctor was completely
wrong and everythign went completely
wrong. Firstly my daughter had only been
semi-concious when he had told her what
was going to happen and they completely
misjudged the amount of morphine to giver
her. As they had inserted the needle much
to my horror my daughter suddenly woke up
completely straightened out. I was
completely at a loss of words as my
daughter screamed in utter agaony and the
doctors only solution was to order her
drugged yet again! I watched as my
daughter was put under with another dose
of morphine, her body was moved back into
position and he continued to finish
extracting the fluid from her spinal
column. When I inquired as to whther or
not the previous event was common or
whther or not it would affect her spine I
was dismissed, and told there was nothing
wrong with the previous events.
Since that horrific incident my daughter
has been unable to properly bend back and
is constantly plagued with severe back
pain that prevents her from walking and
leaves her in tears. Once a competitive
dancer my daughter is now no longer able
to competitivly dance and can only dance
for a limited time before the pain becomes
to great. Her period are unbearable as
her back pain is only further elevated by
her cramps and on those days she can't
move let alone go to school. Her lower
back where the lp took place is constantly
swollen and has been bruised ever since!
I am mortified at what has happened, and
even more enraged that my sixteen year old
baby girl is always in complete pain. She
can withstand alot and has a high pain
tolerance but when she is reduced to tears
and unable to move, my anger is only
further fueled.
I consented to a lp to help my daughter
and I ended up doing her more harm than
good and as a mother thats a burden I wish
I had never brought upon myself.