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Would Surgery Scheduled A Month From The Date Of CSM Diagnosis Be Considered Negligence Due To The Severity Of The Condition?

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Posted on Wed, 26 Apr 2023
Question: PLEASE GIVE YOUR PROFESSION COMMENTS AND STATE DIRECTLY WHETHER YOU THINK I AM RIGHT OR WRONG...NO"SITTING ON THE "FENCE"
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STATEMENT On MAY 10, Dr. S failed to perform my scheduled surgery, breached his contract and a duty of care owed me, in the administration of my treatment (surgery) in a TIMELY manner by deciding Alone, to Delay my surgery for 28 days
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Dr. S Negligent conduct made him legally liable during those 28 days of my delayed surgery for ANY foreseeable, avoidable and harmful consequences from any further aggravation (worsening) of my PRE-Existing, CSM condition.
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Unfortunately, during the delay, my PRE-Existing, CSM condition had an “episode” of accelerating compression of my spinal cord resulting in “irreversible” damage within the spinal cord, that caused an accelerating aggravation of my Nerve Pain symptom to both, intensify and spread from just my pinkies to through-out both hands and then continued to spread on the top of both forearms to my elbows joints. “Acceleration” is a hastening (worsening) in the normal rate of a condition’s progressive pathophysiology degenerative changes.
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what makes his NEGLIGENT conduct even more heinous is, the XXXXXXX 7 surgery was able to relieve my nerve pain on the top of my forearms, that showed the spinal cord nerves were still “reversible” even as my CMS condition was rapidly compressing more of my spinal cord.


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That on May 10, the nerve pain symptom had been confined to just my right pinky for over a year and the nerve pain symptom in my left pinky had only recently developed showing that.my CMS condition had been and STILL was in a “normal” mode of slow progression.
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THEREFORE, More Likely Than Not, being that my CMS condition CMS condition was still in a “normal” mode of slow progression, had Dr. S performed the the C4-C7 Laminectomy and Fusion surgery, on May 10, it would have effectively stabilized my neck, thereby stabilizing my PRE-Existing CSM nerve pain, to “pain in right pinkie…[and] in left pinkie” and prevented any further damage to my spinal cord.
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THEREFORE, More Likely Than Not, the C4-C7 Laminectomy and Fusion surgery would have effectively STOPPED my PRE-Existing CSM from accelerating the compression of my spinal cord nerves, that left the PERMANENT nerve pain symptom through-out both my hands.
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FURTHERMORE, and FINALLY, even if the worsening of my PRE-Existing CSM condition simply was caused by the condition’s natural process; Dr. Seyfried, nonetheless is liable because his NEGLIGENT Conduct hastened the process.


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doctor
Answered by Dr. Aashish Raghu (3 hours later)
Brief Answer:
No negligence

Detailed Answer:

Hi,

You would have signed a consent form before undergoing the surgery which would have stated the possible neurological side effects, compromise as a possible complication.

I do not see any negligence on your doctor's part. There was no substantial or significant delay for the surgery as well.

I hope I have answered your query. I will be available to answer your follow up queries.

Regards,
Dr. Aashish Raghu
Orthopedic Surgeon


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Brief Answer:
Do communicate the issue with your doctor too

Detailed Answer:

Hello,

Please don't misunderstand my comment. Complications can occur after surgery and you may not get full relief.

If you do feel your doctor was negligent, do have a word with him and discuss this.

Hope I have answered your query. Let me know if I can assist you further.

Regards,
Dr. Aashish Raghu
Orthopedic Surgeon
Above answer was peer-reviewed by : Dr. Nagamani Ng
doctor
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Follow up: Dr. Aashish Raghu (2 hours later)
That on May 10, the nerve pain symptom had been confined to JUST both pinkies
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Dr. S FAILED to perform my scheduled surgery, BREACHED his contract and then DELAY my surgery for 1 UN-Explained month, having NO discussion with me
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Dr. S NEGLIGENTt conduct made him legally liable for ANY foreseeable, avoidable and harmful consequences from any further aggravation (worsening) of my PRE-Existing, CSM condition.
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During the 1 month i had an accelerating aggravation of my Nerve Pain symptom to both, intensify and spread through-out both hands and then continued to spread to my elbows.
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on XXXXXXX 7 surgery was able to relieve my nerve pain in forearms, but the nerve pin remained PERMANENTLY in BOTH hands
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You do not see negligence
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FURTHERMORE, and FINALLY, even if the worsening of my PRE-Existing CSM condition simply was caused by the condition’s natural process; Dr. Seyfried, nonetheless is liable because his NEGLIGENT Conduct hastened the process.
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You mean this would be "OK" IF it was YOUR surgery?

YOUR RESPONSE TO MY FOLLOWUP QUESTIONS IS MOST ANTICIPATED . THANKS
doctor
Answered by Dr. Aashish Raghu (2 days later)
Brief Answer:
Needs more research

Answer:

Hello,

I want to impress the importance of valid consent you've given your doctor about the risks of surgery involved.

I believe that you have signed the consent which definitely detailed the possible complications during surgery with the side effects of the same.

If you feel that the problems you are facing today have not been explained in writing in the pre-surgery consent or that your doctor hasn't explained them clearly to you, then yes, it is negligence in such a case.

Hope I have answered your query. Let me know if I can assist you further.

Regards,
Dr. Aashish Raghu
Orthopedic Surgeon
Note: For further follow up on related General & Family Physician Click here.

Above answer was peer-reviewed by : Dr. Prasad
doctor
Answered by
Dr.
Dr. Aashish Raghu

Orthopaedic Surgeon

Practicing since :2011

Answered : 5482 Questions

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Would Surgery Scheduled A Month From The Date Of CSM Diagnosis Be Considered Negligence Due To The Severity Of The Condition?

Brief Answer: No negligence Detailed Answer: Hi, You would have signed a consent form before undergoing the surgery which would have stated the possible neurological side effects, compromise as a possible complication. I do not see any negligence on your doctor's part. There was no substantial or significant delay for the surgery as well. I hope I have answered your query. I will be available to answer your follow up queries. Regards, Dr. Aashish Raghu Orthopedic Surgeon ----------------------------------------------------------------- Brief Answer: Do communicate the issue with your doctor too Detailed Answer: Hello, Please don't misunderstand my comment. Complications can occur after surgery and you may not get full relief. If you do feel your doctor was negligent, do have a word with him and discuss this. Hope I have answered your query. Let me know if I can assist you further. Regards, Dr. Aashish Raghu Orthopedic Surgeon