Have you taken legal action to seek compensat... - Pain Concern
Have you taken legal action to seek compensation for an injury you believe caused your pain? Please let us know more in comments below.
89 VotersPlease select one:
I fell into an unlit stairway.I now have multiple problems
Unfortunately as you are well aware, you have to sign a Disclaimer before any operation in this country and also he had the nurse with him when he told me " You realise that 1 in 100,000 go wrong"!
I took it to a Lawyer who told me that because I was told and signed the disclaimer tat I didnt have much of a chance, he was right :-((
My injury was a slight injury when I fell, on a cruise holiday in rough seas. However, I have a pain disorder which means that a pain can easily become intransigent, and it does. My pain increases dramatically after an injury, and because of the disorder it may never return to the baseline. After the cruise injury, I limped, this caused a hip to be worn abnormally, ans I had to have the hip replaced. The crutches caused an existing shoulder injury (dislocated when about 2 years old) to become worse, and cause pain.....Who could I sue? The cruise? the person who injured my shoulder? The doctor who misdiagnosed the pain disorder, so it was too late to treat it? The weather? No. An accident is an accident, and if I have to live with it because of the way my body deals with pain, I have to do so. Deliberate injury, I may consider asking for compensation, but a real accident is no-ones fault.
Once for a car accident which was was not my fault and once at work when a lump of concrete was left on a doorway .extremely bad swollen ankle.
As the forum is used by members in many countries it would give a more accurate result if we said which country we live in if the answer is yes.
My answer is no. My fibro wasn't caused by an accident.
I had an accident playing Rugby. I severed the Popliteal artery behind my knee. This gave me a leg that had huge ulcers for years. After 10 years of pain I had my leg amputated above the knee. I am still in a lot of pain.
I claimed for original injury and won the case, but my Osteoarthritis didn't start to give me pain some 10 years later. Osteoarthritis in the neck can only be caused by an injury, so if I new what the accident would lead to I would have won a lot more than I got. Of course you can not reclaim after a certain period of time.
I was involved in a head on car crash at 60mph where other driver drifted to my side of road my insurance company are now chasing me to make a claim for whiplash etc as other driver had claimed 3000 from his insurance due to cuts bruises aches n pains. They are saying other insurance company has laid aside same amount for me dxpecting me to claim at first i said no im ok thats main thing car was replace as only 6 months old but im swithering to claim now as it was inconvenience having no car etc and it irritated original injuriesto spine causing more breakthrough pain than usual so ill see how easy it is to claim then see how it goes
My ex landlord caused three herniated disc in neck causing surgery snd large plate.
Now close to American three year deadline. lawyer is toying with me, I may have to call the board on him. I paid him filing fee two yrs ago and he kept saying strong case but doesn't want to burden himself with my preexisting arthritis problems.
He burned his dead grandmother house down right next to me, called it faulty wiring. Also staged robbery for insurance and sent boy to prison, he got out and lives and works with him again. He inherited family death money and is the greediest person I know..
I've moved to another state to get much needed better doctors
For a year I was in hotels, good news i now am in a beautiful apartment with the ocean nearby
I can't walk much but I get some enjoyment, a service feog and caring husband, im blessed win otlr lose.
Prayers for everyone suffering. we will be injured but we still have our spirit and find ways to get some enjoyment.
I was in a accident on public transportation and now have fibromyalgia and lower back pain
Oh how I wish I had all my problems the day I walked into Ross Hall and haven't stopped since. I had absolutely no problems with my legs before this day but after wakening up after surgery could not lift my right leg straight and left leg was dubious too. Numb sensation at my hip and chronic pain where they operated. Later all this diagnosed as Peripheral Neuropathy which just keeps getting worse. After fighting with hospital for over year they agreed to open up wound and re-stitch without charge but to do this I had to sign form agreeing not to take any further action. Oh how I wish I had not signed that form. Now 8 years on the pain is horrendous, my mobility is poor and cannot work.
After having spent thousands over years to find some kind of solution to at least keep the pain bearable am no further forward.
I'm in the process of trying to sort out the surgeon I believe ruined my life, it's been nearly a year now since my solicitor took on my case, and she's now in the process of finding a expert vascular professor 🤓 to help us! I won't give up ! I went for a simple angioplasty n nearly died. Left unable to work at 47 😢😢
What for? Any honest lawyer won't help and they will tell you that. So we're left with believing, well what goes around perhaps eventually will come around. Disgraceful physicians who disregard the duty of giving "informed consent" before any procedure have no moral compass. The aftermath is even more amoral.
Hell, their moral compass dosn't even say, "since I MAY BE part of the reason this person is suffering perhaps I SHOULD BE more lieniant towards the 'real pain' he/she is suffering and give the adaquite pain relief they deserve"...another insulting and cruel form of negligence thats worse than the first.
It would be difficult to determine whether my chronic pain was a result of long-term health conditions or an operation carried out as the treatment for the long-term health conditions. Pursuing matters legally is both soul-destroying and time-consuming dragging on for years.
I had a spinal block when I had my knee replaced. The anaesthetist was young and inexperienced. He tried 5 times to insert the needle into my spine. On the fifth try he hit a nerve as the pain was like a lightening bolt down to my toes. When the block wore off I was in agony with acute sciatica. Some months later I had an MRI and was told I had arthritis and it was a coincidence that the sciatica happened at that time. I knew then that the medical profession had already closed ranks so what would be the point of suing.
I am still suffering with pain, tingling and a numb foot.
I just had my hip replacement cancelled due my "face" telling her not wanting spinal after she said this was her preferred method, and trying to scare the pants off me saying under general could need blood transfusion and they often get the group wrong all this without me opening my mouth !
She being anesthetist, had found out taking iron on list of meds, and had got a blood test done and because I am bit low on hemoglobin, GP said an 8 when 7 to 15 is ok. So used this as excuse.
Week Later the surgeon rang me to ask if I will re-book and when I asked what happens with spinal if pain breaks through he said they give you a general. Which is what I wanted anyway and used to having. As I am one of the few whom a general doesn't keep under unless they keep dripping in the stuff. Stop and I am awake, last time I had day surgery I drove myself home.
Had done for years after teeth done this way in UK until it was banned due to maybe bits going down throat which he packed anyway.
And local at the dentist, a 2 hour lasts 20 minutes. So inject and drill is the answer there.
And if anyone reading this finds need second injection etc maybe same as me. Chew up the anesthetic and its apparently down to our genes. Have double one or two seemingly can alter way meds work on us.
Not worth the legal fight unless maybe car etc and strong case.
As for Medical, well I reckon they stick together and you sign away your rights ,just as governments have signed away all of our human rights when signing us up to UN treaties.
The best manager ever threw a case of envelopes 40 feet down to me to catch. She climbed up there to get the one case that is a 30 pound box so we could finish the job. She was so good to me, that I let it go - a few weeks later I was in horrid pain.
I find it difficult how anyone could win a court case for fibro as not even the medical profession knows what causes it. For a fall or sports injury ok a sprain or break but not fibro that I am aware of.
I have just started a clim against my employer for a lifting injury, basically was told to move something that was far too heavy (also they gave me no manual handling training) , I herniated 2 discs l4/5 l5/s1 and compressed and damaged the left exiting nerves and damaged my facet joints and also caused osteopyte formation/complex of my vertebraes and facet joints, doctors have diagnosed me with osteoarthritis due to the injury, been referred to a spinal surgeon and been on a lot of pain meds tramadol/cocodamol/naproxen and I've now been put on morphine patches due to the pain, I've been told that I will never be as physically fit as I was and that even with surgery in the coming years this injury is going to haunt me
I used to work where we had to lift heavy weights.
We were given a course on how to lift and that was it, generally we were expected to lift upwards of 60 kg with a person helping us although sometimes we were expected to raise 60kg as a minor slip lift. in the 60s/70s
When we are young before the age of 26 we should not lift heavy weights as the spine is still developing. In fact after several years of persistent lifting the person would suffer all the symptoms of heavy lifting and could not carry on with their outside employment.
In the past the blame of this was passed down to the employee and the company would not take responsibility even when they knew the lifts had to be completed. I do not know what the situation is now. In this case it was over thirty years ago.
I dont know if I am able to claim... I had pain before but it was manageable I was able to work and do other things, go out etc. But then I had a non fault accident and since that my pain has been so bad I have to have help to get in/out of shower, get dressed, cook food etc, I can't walk more than 200 meters and even then I'm in so much pain (I'm getting a cane to hopefully help a little...) and I went to rheumatology and they diagnosed fibro. Is it possible that my accident caused the fibro and that I jst had pain before? Because I've read that's plausible, should I tell my insurance company? Is this something that I can get compensation for? How much etc? Thank you in advance. The accident happened on 01/sept and I'm currently using the insurance solicitors and they know about the pain but not the fibro diagnosis as this diagnosis came after the accident.
Many thanks to all of you who have responded in the poll so far. It will close later today, but so far about a third of respondents have taken legal action to seek compensation.
It's a topic we're planning to cover in a future issue of our magazine, Pain Matters, so I may well come back to some of you who have left comments about your experiences to see if you'd be happy to have them featured in the article.
I would have to use my husband. I told him I couldn't do as he wanted due to the back damage I already had.
The trouble with putting in claims is that there are lot of cases where the chronic pain does not start until years after the cause of the chronic pain and you only got a few years after the accident to make a claim. I would have been able to claim my wages for the rest of my life.
I suffered a spontaneous sacral/pelvic fracture whilst teaching two years ago. I was subsequently diagnosed with severe osteoporosis as the did investigations into how on earth this just happened with no trauma. At the time, my school was undergoing structural changes and we were teaching on three different sites. We were expected to teach two lessons in one site, then jump in the car with all our books, bags etc to drive to an different site 15 minutes away then return to another different site 10 minutes away after teaching another two lessons to teach last lesson. I firmly believe that it was down to the amount of rushing around which put my bones under too much pressure. I've had to leave teaching and I cannot work due now to the chronic severe nerve pain due to the damage caused by the fracture. But who could I sue?? The doctors say it could've happened anytime but I was teaching with undiagnosed severe osteoporosis for years with no symptoms at all. Running around like a crazy person carrying bags, books, crates of resources and loads of other stuff, I am convinced must have put such a strain on my bones that one of the strongest bones in my body just snapped in half. Coincidence? I can't believe that but now face the rest of my life in constant pain that is difficult to manage. No one is able to compensate me for that.
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