Ortho Doctor's Notes: Each Visit $40 out of pocket expense

July-August 2000


March 2001
This is the same doctor that was depositioned by the lawyer for Auto Owners.

Two notes on this page; these were the last visits to this orthopedic group. I went to another doctor in this group (other than the surgeon) and this was the first time that a doctor acknowledged that perhaps there was something more serious and chronic going on. He also noted that I am a pleasant and nice woman; which I am. He did not note anxiety just concern for why I was not getting better. He noted that there may be Reflex Sympathy Syndrome (sp?) which is a chronic and uncurable condition. He was close to it.

Pain Management= Caudal Nerve Block 9/12/2003

A Caudal neve block is just like an epidural that is given during childbirth. The one difference that the medication can numb the nerve pain for varying levels of time. The doctor and I were both disappointed that it was not successful. I did have some lessening of pain for a few days after the nerve block but my doctor said that was from the lidocaine used to numb the area where they inserted the needle.

When the lidocaine was injected (it felt like he shot about a gallon of the stuff in my lower back) is very very painful. Thank goodness it only last 30 seconds or so but it is very intense. The nurse gives the patient a stuffed turtle to squeeze duing that time. A patient before me sqeezed off on of Tommy Turles legs. So my turle was three legged. But I squeezed him good.

Re-Doing My Deposition:

After posting the deposition of my surgeon, I realized when I posted my own deposition it is a mess. I won't be deleting it unless I run out of space on this server. Just ignore it unless you want to read the comments; coming from my heart.

So stay tuned for a much better and more easily understood deposition of me. I think it was very emotional reading all the offensive comments again. It triggered feelings I had forgotten; the feelings I felt during that deposition: violation, anger, frustration, helplessness and irritation with my own attorney who sat there and let Auto Owners lawyer tear me apart. He had responsibilities to protect me by objecting to certain questions and the wording. He pretty much let that lawyer get away with murder.

I mean I liked my lawyer alright; a sweet man but clearly no match for that ambulance chaser shark type lawyer we all know and hate.

Deposition Of My Orthopedic Surgeon:

I was a patient of this doctor for about 14 months or so. It is too bad he did not take it another level; a patient continues to complain about pain despite the anti-inflammatories, nine months of physical therapy he ordered which resulted in worsening of pain, gait and no improvement at all, and surgery. If he had done a post op MRI of the same area, of the lower back and a nerve conduction test (burning pain is indicative of nerve damage and my pain was right on that knee that hit the dashboard) it could have saved a lot of time and money. I wrote this doctor a letter in 2004 letting him know what he had missed so that he could be warned with his patients that came after me when they complained repeatedly of burning pain get them over to a neurologist asap. He thanked me for the follow up and the advice.

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More Documents from the NC Dept. of Insurance and Auto Owners Insurance Company:

If I Lose I Die; It Is That Simple:

The Abyss

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What if one finds themself standing at the edge, the breaking point of a journey to which they were not inclined to travel to, a place a corner they were backed into through no fault of their own?

An abyss filled with so much pain, fear, worry worry worry will they know when they have reached the edge?

Just doing what people do best; living and enjoying life. In an instant a blink of an eye and you are in it.

A place that does not fit. Where you do not want to be. It has taken over. It has a mind of its own.

Where do we find the power to break the hold? To change the flow? To come out on top; strong enough to turn away from the edge and face the sun?

I was in an auto accident almost 7 years ago that later turned into a personal injury lawsuit. I was the plaintiff and was in no way at fault in that accident. I was the only one injured in the accident. These injuries were such that they led to further problems and so on an so on.

I am the victim of a bad faith insurance company. I do not know if many are aware of this term and the implications. I would love to use another word in place of victim. My mind embraces that term for now.

Somehow the lawyer for the insurance company found out I am gay. He also found out my two major witnesses are also gay and school teachers. In the discovery phase of a lawsuit all medical records, financial records, everything they want about you the plantiff must hand over.

This was the scenario in mediation. The lawyer assumed responsibility for one minor injury I sustained and proclaimed they would not assume responsibility for the other injuries (all actual injuries documented by exrays, MRIs, nerve conduction tests, etc) and says in mediation:

"We assume XXXX as our responsiblity to pay you for but the rest of your injuries are a result of your other issues as we discussed in the deposition such as you are gay, your son has special needs along with other problems, your mother died of breast cancer, your parents are alcoholics, etc. If you take this to court we will of course be forced to reveal what we found out in the discovery phase and you will lose and be liable for up to $20,000 in court costs."

I accepted 1/10 of what the injuries and the policy supported. Why? I had to protect my two friends who could have lost their jobs here in my state should it have gone to court and the lawyer had made good on his threats.

I have never told a soul about this (except for a counselor) until this very minute. It has been tearing me up inside. I never even told my friends (my witnesses) about it.

Did I make the right decision? This has been a huge financial and emotional burden on me and my family. I cannot even go into it.

When I talked with my counselor she called me a hero for protecting my friends. I feel nothing but guilt now. Because of the repercussions and what affect it has had on my kids.

They say the best revenge is to do well. How does one do well when your enemy took away every tool possible to get well and do right by the family and self.

This is a ramble and I will most likely delete it soon. But my throat closes up with shame and torment. And the tears. And the anger. I struggle with this daily.

My situation is precarious and I am standing at the abyss.
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Re: The Abyss

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Kats, I can only imagine the anguish and pain you have been through.
I am not a lawyer, but I would say what the layer had stated would be brought up in discoveries would be irrelevant and dismissed. Was this your lawyer from your insurance company or from the defendants? It appears to me that what he did bring up was a little unprofessional.
Having said that I only know you as with others as text on a computer screen, however there is a real person behind that text and you come accross to me as a strong willed lady that has and will overcome adversity

You can and will do it, you have friends who can support you, and you have cyber friends here on WC who will support you.
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I hope you have the courage to ignore the blackmail this lawyer has tried to use on you and fight your case. I think his threats are dispicable. I don't believe the law society would uphold such behaviour
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Re: The Abyss

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Kats, I am not a lawyer and don't know much about the legal system. But I do know that Insurance companies are notorious for looking after their own interests.
ie. making sure they pay as little as possible. Shouldn't you have had your own lawyer looking after your interests? Often all parties will drag the process on as long as possible in order to cause even more anguish to the victim. (And avoid going to court).
It is horrible that you and your family have had to suffer as a result of this.
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Re: The Abyss

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Hi Kat,

I hate to hear of your situation. That was a horrible thing to have done to you. I also agree with Mag, that you should have had your own legal representation, if you did not at the time of settlement, you might re-visit this issue. There may still be a possiblility of re-opening this case based on the information you gave depending on how long it has been since the settlement occured and the laws of your state.

Many attorneys offer free initial consultation. Just be very wary of those who offer to work for free and for a portion of your settlement. You could become liable for lots of attorney fees. In this case, all they have to do is get an additional judgement for 1 cent and now you are on the hook for their fees, which can run into the thousands of dollars. So read carefully anything they ask you to sign.

(Disclamier, I am not an attorney and this is not legal advice)

I hope that whatever you decide, that things get better for you and that you are feeling better soon!

Regards,
C
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Re: The Abyss

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Hi Kat,

I am not a lawyer, but I am a paralegal at one of the biggest law firms in the world. There are many, many orginizations that provide legal advice gratis...or pro bono...I myself have worked on a number of these cases. There are organizations that help connect people in need of assitance with attorneys willing to provide assistance, it depends where you are located, if you are interested I might be able to hook you up with someone in your area.

Regarding what you were talking about, "the Abyss", my only advice is to find some way to let it go...stop tormenting yourself about this, but that is easier said then done...for myself, I find that to move on...I have to give myself permission to move on...does that make any sense? For you to have any closure, it might help to reopen the case (it certainly sounds as though you were discriminated against) or it might help to put it behind you in some other way.

Pain Management Clinic Documents:

7/12/2004 Trial spinal cord stimulator surgical notes Photos of this procedure are included here on the Photo page. The pics show my back with the dressing and another shows this wire sutured to the skin and coming out of my back. It IS pretty gross! As gross as it looks, it is ten times worse for the patient. Trust me on this!



7 28 2003 One of the bills for the paravertibral nerve block. Being sick is not cheap! I still owe money to the pain center, they have sent me to collections but I am still a patient there. They put up with me and love me too despite the fact I owe them lots of money.



7 28 2003 photo 2 of operation


7 28 2003 photo of operation


7/23/2003 Post op paravertribral nerve block doctor notes


7/23/2003 Post op paravertribral nerve block operation procedure


7/28/2003 Prep for 1st paravertibral nerve block a very painful procedure after the lido wore off two days later it was pain back to normal


6/20/2003


10/4/2004 Post op spinal cord stimulator implant


9/10/2004 Post op spinal cord stimulator implant


5/12/2003 Initial consult page 2


8/23/2004 Post op spinal cord stimulator implant


5/12/2003 Initial consult

Auto Owners Insurance Co had a copy of all my medical records up until the day before the mediation in late Feb. 2004. In spite of all this proof of injuries; their lawyer still misrepresented the medical facts in this case and dismissed all of these injuries as result of my other issues; i.e. being gay, having a child with special needs, etc. blah blah blah. And still threatened me with $20,000 worth of court costs.

I began pain management in August 2002 with my primary doctor; when I again had work and medical insurance. Several months later she insisted I see a pain management specialist. I was reluctant to do this because I was tired of being referred to another doctor with the same results; nothing resolved, no improvement and no difinitive diagnosis. She finally laid down the law with me and said I had to do it."

I am so happy I did. My doctor there is incredible. I just love this guy. And so does my family. He has a great sense of humor.

I have to post something here that happened in July 2004 when I went for the trial spinal cord stimulator surgery. My oldest daughter came up to care for me and brought my two oldest grandchildren. Morgan has been very upset all along at his Grandma Cookies pain. So he does what I often do; cover fear and concern with humor. After my doctor implanted the temporary device into my back; he came back to visit me in the recovery room. And had this discussion with my grandson. He could tell that my grandson is a hoot.

"Dr. XXXX, is there someway you could do surgry on my grandmother and take out all the things inside her that are hurting?" My doctor's answer "Well, Morgan if I did that you would have to carry your grandmother around in a bucket. Like a bucket of Kentucky Fried Chicken." Morgan laughed and said, "That would be cool."

First thing out of his mouth after interviewing me was "You are a very nice person who has been through so much. We are going to help you. There is no cure for nerve damage. But we can help by alleviating some of the pain with treatments, surgical procedures if necessary, counseling, support and various medications we found to be helpful controlling nerve pain. You are not crazy. You were really hurt and we are going to do everything we can to find out what is wrong and try to help. We cannot ever promise complete and final relief from your type of pain. That is not possible. And I am looking forward to working with you."s