Was my doctor negligent? Your opinions please. [View all]

[bunnies]

Last edited Mon Aug 19, 2013, 01:38 PM - Edit history (2)

I was having a conversation about my situation the other day and the person I was talking with thinks so. It hadnt crossed my mind until she mentioned it, Ive just been really, really pissed. Heres the issue:

I started losing range of motion in my dominant arm about 8 or so years ago. It was very painful at first, but because I didnt have health insurance (or money) I never went to the Dr. about it. It went on to bother me for a couple of years but I just learned to deal with the pain. When it finally stopped getting worse, I was left with an elbow that didnt bend or straighten all the way, but it stopped hurting and I stopped worrying about it. From my internet searches I'd diagnosed myself with really bad forearm tendinosis and figured I had scar tissue built up at the elbow.

Fast forward to early 2011. I decided to take a job in the floral industry that involved a LOT of heavy lifting as well as hours of repetitive motions (pruning, arranging bouquets, scrubbing display buckets). To be safe, I decided to get a physical and finally have my arm looked at. I wanted to make sure it wouldnt get worse again. The x-ray, according to my Dr., showed that I had broken my elbow, not known about it, & that it had healed poorly. I was kinda surprised by this. Who breaks an elbow & doesnt know it? But whatever, she's the Dr. So I took the job.

Fast forward again to November 2012, when at the height of the holiday season, I was suddenly unable to use my arm in any meaningful way. The pain in my elbow was suddenly excruciating. I tried to work through it but would spend half my day sitting in my car in tears. So I went back to my Dr. She said she suspected nerve entrapment of some sort and told me not to work. My job made me file a workmans comp claim and the insurance co insisted I see an orthopedist. Upon my first visit to the Ortho, he reviewed that x-ray from 2011 and informed me that the pain was most likely due to the fact that my Degenerative Joint Disease had progressed.

My WHAT?

He ordered an MRI which confirmed that I have severe degenerative osteoarthritis of the elbow and also in my wrist as well as the significant tendinosis I had originally suspected. The MRI report was issued by the same company that read the 2011 x-ray. I obtained a copy of the report which clearly states evidence of DJD/OA was visible at that time. My doctor never told me that I had the disease.

As a result of her not telling me, I took a job that made my condition worse. I did EXACTLY what a person with my illness should never do. And now, Im at a point where I need my elbow replaced at 40 years old.

Had she told me, I would not have taken that job. Or I would have purchased their ridiculous excuse for insurance. It was over-priced and had a massive deductible, but I could have had the surgery and been back to my job under the FMLA.

I was denied workers comp due to the fact that I had DJD before I ever started working there. I was denied unemployment because I was "unfit" to return to the job I had. And now I have to live with this horrific pain every day and cant even lift a glass of water to take a drink. Im out of work, have no income, and sit around all day depressed because of the situation Im now in.

So... was my Doctor negligent in not telling me about the DJD? Is it reasonable to expect your Dr. to tell you somethings wrong? Would you expect your Dr. to tell you something like this?

Thanks for your input.

on edit: This is the language at the beginning of my latest MRI report.

"The prior studies demonstrated what appeared to be a large osteophyte from the radial aspect of the radial head and what appears to be an old radial head/neck fracture. Severe degenerative change at the radial capitellar and ulnar trochlear joint was also noted at that time. 05/03/2011 "