Legal Question in Medical Malpractice in Pennsylvania

I had an accident at work December 23rd 2011 when I was tripped and fell into a wall, and I ruptured a tendon in my arm. I started having my hand shake when I would try and turn or rotate my hand�..Doctor said it was my body reacting to the pain, and it should go away after surgery. It never did.

To make a long story short I healed from the tendon, but could not get rid of shaking, and elbow pain�I was put through many tests, saw neurologists, etc. Finally doctors decided there was nothing wrong with me and sent me back to work�..could not do the work without pain, still shaking�,back to doctor, (I saw him more than my Husband) more surgeries were needed because it was supposed to take care of it. Still have same problems. Couldn�t do what I needed to, told Doctor I had to ask my Husband for help, and he replied �Well you are a 56 year old woman� I almost took him out right there�what does that have to do with anything?

Finally, 2 years later, Dr. decides to take an xray of elbow, and saw what looks like tendinosis (degeneration of the elbow joint, Comp would not pay for MRI, so I had to so I could get an answer).

Turns out that when I hit the wall at work, I tore ligaments in my elbow. My doctor was shocked and said he did not expect to see that. I asked him about that happening when I hit the wall at work, and if that is why my hand shakes, and he replied no, that it would take something like an auto accident in order to do this kind of damage, and that my hand shaking is not a symptom. He said it was not work related, asked me if I had insurance, then he tried to get me scheduled for surgery ASAP. I declined saying I needed to check some things first. I have had to deal with this pain and disability for over two years, so a few more weeks isn�t going to make a difference to me.

I checked with my PCP (who is a DO) and he says that the instability that injury would cause is what is making my hand shake. I went for a second opinion today, and was told that the injury could certainly have been caused by the fall against the wall. However, the second opinion doctor said he could not say definitely as so much time has gone by, and said my regular doctor would have to make that call. I asked him to send his notes to my doctor as an FYI, but somehow I think he is still going to throw me under the bus.

He knows that my shaking hand has been an ongoing thing, and so is the arm and elbow pain, I thought he would be happy to finally find out what was causing my problems, but right now, he is only making my life worse if that is possible. I will be off work for surgery on elbow for probably another 6 months, this time without pay, plus deductibles and co pays, I will probably lose my home, and I will be lucky if I have a job to go back to after all of this. Now I know why people go suicidal and homicidal!!

I am getting more opinions, one from the IC IME, so they can kick me off WC, and one for my own benefit. I think I will have the same problem anywhere I go now though, Because it took my doctor so long to diagnose my problem, that no one is going to be able to help me. I don�t know why my Doctor would do this to me�..Do you know if there is a direction for me to take��with your experience I thought you may have some advice.I'm at the end of my rope...

Thanks for listening, Debra Javens [email protected]

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