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Is this a valid failure to diagnose case?

New York, NY |

Symptoms from fall 2004. Treated by rheumatologist since 2005 for fibro and RA. Progressive numbness, tingling, pain, shocklike pains, difficulty walking. MD r/t fibro and RA. I had PMD order cervical and lumbar spine. Major problems in both areas Main C prob is moderate to severe neuralformainal stenosis L mild to moderate neural foraminal stenosis, I also have protruding discs, thecal sac compression and other findings. MD never did proper differential to rule out other possible causes of neuro type symp. I was not given chance for treat. of condition that might have delayed or stopped progression of disorder. Untreated cerv. can lead to permanent nerve damage. Also although I won SSD I was denied dis. through employ r/t 0 objective ev. to support severe pain and disability.

I barely leave my home. Can not walk my dogs, play with my grandson, or have intimate relationship with husband. Quality of life is near 0. I have read that all patients with RA should have baseline radiological tests done to monitor for progression and also to note if cervical spine begins to deteriorate to aid in preventing damage to nerves and spinal cord. I last saw rheumatologist in October and have app't with spinal specialst on the 8th and new rheumatologist on the 12th.

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Attorney answers 1


I have read your description and am sorry to hear that you have been through such an ordeal. It does not however appear as if there has been a failure to diagnose your condition. Your doctor seems to be aware of it and you are receiving treatment. You might feel that there has a departure from accepted medical standards or practice in the improper treatment of your condition. RA is a degenerative disease which typically worsens over time. In extreme cases, the patient needs surgery to address the effects of the stenosis It does not sound as if you have progressed to that point. And if indeed you are, the issue is whether the delay in receiving treatment was a substantial factor in reaching that point. It might well be that you would have needed surgery anyway. That is for your doctor to determine in consultation with you. the patient.
You should ask your new doctor whether the treatment that you have been receiving has been proper, timely and adequate. It is very difficult to determine whether there has been such a departure without the complete medical records. Any attorney reviewing your case would want to see them. Remember, New York has a 2 1/2 year statute of limitations on medical malpractice claims. That time can be tolled, or extended, if you continuously see the same doctor for the same condition. We wish you the best of luck in the pursuit of your claim.



I understand, but my whole spine and neck ins such bad shape, and you can fuse the whole spine. Do I have fibermoglia or is all spine issues. Every doctor has different answers.

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