A brief update - 9/17

David, The self-cathing is 6 weeks once a day then 6 more weeks every other day.  It's not so much to empty the bladder, as to keep the bladder neck from closing over with scar tissue.  I think of it like getting your ear pierced and having to wear an earring for 6 weeks without removing it- and having to twist it every day 2 or 3 times.  He simply inserts the cath  and once he 'gets urine' and knows he's in the bladder, he removes it.  So a supra pubic cath would not serve the same purpose.  I'm hoping the 'resistance' is just some swelling.  But feel a bit like you that it is NOT a good sign.  Will keep you posted. 

David,
First off, I don't think anyone on the HW PCa Forum is "sick of your story," On the contrary, you have posted a lot of valuable information for newbies and veterans alike and your fight is an inspiration to many.

I'm so sorry to hear that your malpractice litigation isn't going to proceed. It's and and frustrating but sometimes legislation for a good reason (limiting frivolous lawsuits) turns out to at the same time take away reasonable and fair actions (your lawsuit). It just doesn't seem fair that the law hurts your chances to sue since it certainly sounds like you have an excellent case.

I'm Jewish and at Yom Kippur services last weekend our Rabbi asked congregants to think of someone who is ill and pray for that person. I chose you and when it was my turn to speak I said David from South Carolina since I didn't know your full name and I didn't think Purgatory would go over too well in the Temple . I hope the good thoughts and prayers got to you from CT to SC even without the full particulars.

As for our Patriots. The good news is that they are 2-0 but the bad news is they look like they should be 0-2. I hope the young receivers can get on the same page as TB and that Gronk returns soon.

Enjoy the kyaking....

Al

David.
I cannot begin to imagine your disappointment re: your legal battle ending so badly.
Am so very sorry.
Watching my attorney confer w/opposing counsel prior to entering court has never given me warm fuzzy feelings. (Deep sigh).

Please continue to write from your heart..

Al, I sincerely appreciate you sharing me in prayer in your Jewish service. I am Catholic myself, but a prayer to God is a prayer to God.

As far as our Patriots go, been a steady fan since 1970, 43 years now. I have total faith in both Bill B. and Tom Brady. This may be a re-building and survival year for our team, but still fully expect to make the playoffs, my take is 12-4, +/- a game.
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Loretta, thanks a heap, can always count on your, going to officially make you one of my "pain buddies" and share that honor with you and Barb in particular. On the pain front, we are all for one, and one for all. Hope you feel better yourself

Diane, thanks, and you can count on it. I always write that way, whether here, or in biz, or in my novels, its the only way I know how to be

david

Mal, my friend, wish it were that easy. Has to do with the statute of limitations in this state, which is 3 years. And yes, it was an intense mental and emotional drain to have gone through and come up empty handed.

David

There's a strange quirk in the proceedings here, before the lawyer can even say their intent is to initiate the malpractice suit, they have to notify their intent 120 days in advance. The first lawyer squander the bulk of my time, the last one - whom had I known about even a year earlier, might have proven useful - said by the time he got the case, he didn't have enough time to "notify" in advance and still have time to proceed. When I finally acted on my own behalf, those requirements weren't required, but by then, the other side managed to sidetrack and stall me.

The real issue to me remains the same. When does the statute of limitation really begin. Opposing counsel claimed the clock was running the date that the RO last saw me, when my treatments ended, which was the day after Thanksgiving, 2009. This is absurd. While I was being burned during the treatments, the extent of the damage was not fully known until nearly 10 months later, when I underwent the Urostomy surgery for the radiation damaged bladder and bladder neck.

Also, in July of 2010, I sent a letter to the RO that was literally hand delivered to her, asking for help related not to a lawsuit, but as her patient, explaining in great detail what was going on with me post-radiation. She refused not only to see me as a patient, but refused to contact me in any manor. I am convinced her counsel advised her of the potential of a malpractice case, and instructed her not to see or contact me by design.

We all know, that many forms of radiation damage can take months or years to fully manifest, so its utter nonsense to me, that the clock began to run the last time that I ever saw her. And even then, she knew from her weekly meetings with me, of my complaints of being burned. I watched her type what I was saying into her laptop.

When I requested all my records and notes be copied for me, what was interesting that none of these remarks were included, and her weekly "notes" appeared to be edited way after the fact.

The worse part, is how the first attorney truly squandered the offer by my uro/surgeon, who was going to openly testify to as how I was damaged and by whom. In the fooling around stage, my uro's legal counsel then advised him to only talk to my counsel in their presence, and he was ok with that. By the time it hit the 3rd attorneys, he was then advised not to talk or participate at all. He even apologized to me personally for that as recently as July of 2012, but said his hands were tied.

David

I usually stay logged into HW 24/7, but happened to be unlogged in this morning, and saw a post from someone on this thread that has been in my "ignore list" for some time.  Since I saw it, I will answer what was being insinuated:

To set the record straight, my RO saw me one last time 6-7 weeks after the treatments ended after Thanksgiving of 2009, this was suppose to be the closing visit if all things were normal. Guess the date would have been around early 2010.

However, and to those that seem to enjoy going through thousands of my posts to find fault, this January visit with my RO does not show up in my official medical records. I have indicated before, that when I finally got full copies of all my records from the Radiation Clinic, much was missing. All of the weekly doctor meeting reports with me had been heavily edited. This visit, in question, doesn't exist in my records. It's obvious they knew there was a strong possibility for malpractice, and took the steps to make sure the official record wouldn't be damaging to them, if such a malpractice case took place.

In January of 2010, my uro and I were still hoping for some natural healing to take place, healing that never happened, but only got worse leading up to the decision to undergo the Urostomy surgery.

It took many months to fully realize how extensive the radiation damage really was, and still continuing to be.

So in the future, make sure you have all your facts right before looking for fault. With nearly 22,000 posts spread over 5 years, I can not possible remember every word I have ever said here. I try to be as accurate as I can, with what has proven to be a very complex PC journey.

Thank you,

David

Explorer,

That was an amazing post and idea, something I have not thought of on my own, or even entertained before. Since I have been highlighted in the medial several times now in my journey, why not use that to my advantage?

I am not the only one here in SC that got shafted by these tort law changes, and I won't be the last.

Will have to give some thought to what you are saying, and see if there is some avenue other than the standard legal systems, which failed me, a victim, beyond all reasonableness.

Thanks for the new inspiration.

David

David,

Regarding massage, there is a parallel I can share with you. I had a rather skeptical view of chiropractic care for most of my life. Then, due to refusing to acknowledge that I am not in my 20's anymore, I managed to start tweaking my back more frequently and sometimes went multiple weeks hurting.

A friend talked me into seeing his chiropractor. It took a few visits but the chiropractor helped with short term relief. There were a couple visits that seemed to just shift the discomfort and made me question whether the whole deal was a scam. But sticking with the plan helped me recognize the causes and early awareness of what was messing up my back. I now look at chiropractic care as another tool for maintaining my overall health.

My hope is that massage may help you in a similar way.

edit to add: Just saw your response on the legislative suggestion. It might just work. Todd 1963 and others have done major battles with insurance and won. The concessions I received on ED coverage were minor in comparison, but it is possible to change the system.

Explorer

Post Edited (Explorer59) : 9/19/2013 10:32:42 AM (GMT-6)

David,

I am not a SC lawyer and I am not offering you any legal advice. And while I am still confused whether any of your lawyers actually commenced an action, the SC statute of limitations seems to give the the ability to bring an action with 6 years, depending upon the facts. Here is what I found:

"SECTION 15-3-545. Actions for medical malpractice.

(A) In any action, other than actions controlled by subsection (B), to recover damages for injury to the person arising out of any medical, surgical, or dental treatment, omission, or operation by any licensed health care provider as defined in Article 5, Chapter 79, Title 38 acting within the scope of his profession must be commenced within three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from date of discovery or when it reasonably ought to have been discovered, not to exceed six years from date of occurrence, or as tolled by this section."


I would urge you to talk with another lawyer to see if you can still bring a case. The SC Bar Association should be able to give you the names of reputable lawyers.

Good Luck!

for those who have never been through this type of legal process that Purgatory describes, it is extremely frustrating. My daughter's malpractice legal battle in NJ included finding unsigned records and missing records chronologically. To top it off, she provided the local District Attorney's office with all of the records, because in NJ there were similar cases that went into the criminal court. When she followed up with the DA's office, they had lost the records. Good to hear that Purgatory is ready to fight possible as Explorer 59 suggested to contact the state legislative branch. Other options could be complaints to state licensing boards, JCAHO if a hospital is involved, and posting online reviews like healthgrades or vitals.com.
Pat

David,

The letters from opposing counsel are meaningless. Those lawyers represent your adversaries, not you.

As for what your lawyers have said, I quoted you the statute that says you have three years from the act OR three years from the time of discovery (or when you reasonably ought to have made discovery). I do not know if you made discovery (or ought to have) within 3 years, but if so, you could still bring suit.

And as for "best malpractice attorney" awards, the best does not mean infallible. EVERYONE makes mistakes.

Best of Luck whatever you do decide to do.