Medical Review Board Complaint

[jchebert1979]

I posted about my recent problem with the doctor who performed my discogram. I feel that his actions were completely out of line and have decided to file a complaint with the medical review board. This is the first time I have done anything like this so I would like it if you guys could read over my complaint and give me any suggestions. Thanks




Description of Complaint



On the date of 6/24/09, I saw Dr. Charles N. Aprill for an invasive diagnostic procedure of the spine called a discogram. While waiting for the procedure to begin Dr. Aprill’s assistant Russell came in and, in his words, informed me that “Dr. Aprill is not known for his bedside manner and he can be antagonistic”. Dr. Aprill is widely known as being one of the best around for this particular procedure and since I was not there for emotional support, neither his personality nor demeanor were an issue for me.

After preliminary X-Rays were taken Dr. Aprill came in and asked me the standard questions about my health and pain patterns. During this time I informed Dr. Aprill that I have had questionable reactions/side effects to the drug Versed and would rather not use it for sedation. He told Russell to give me 25mg of Benadryl intramuscularly. I informed Russell that I would rather not use this either due to the way that it makes me feel. Russell was perfectly fine with this, however when Dr. Aprill returned he got very upset and told me very coldly “I thought it was important”. I started to explain to him why I did not want to use it and he cut me off by saying “maybe your problem is that you are trying to control your medical care”. I believe that Dr. Aprill thought that I was challenging his authority. Had he been willing to listen to my explanation, he would have understood why I did not want to use the drug and we could have come up with an alternative.

The procedure was indicated for the discs of the thoracic spine. The discs in question according to MRI’s that I provided were T1-2, T3-4, T6-7, and T11-12. At that time I was under the assumption that all discs would be evaluated. By the end of the procedure he had not done T1-2, I began to ask about this and again he cut me off by saying “You obviously don’t know anything about discography, the upper levels have to be approached anteriorly and we aren’t doing that now”. He walked out of the room before I could ask him why.

At the ending evaluation I was informed of the findings. At this time it was brought to my attention that Dr. Aprill performed the procedure on the T12-L1 level and not the T11-12 level that was indicated. When asked about this, I was told that Dr. Aprill felt that the MRI report was wrong. I became very upset at this time. This doctor took it upon himself to perform a very invasive and painful diagnostic procedure on my spine on a completely different level that was indicated without informing me. I then called the radiologist who originally reviewed the MRI and was informed that the report is in fact correct. T11-T12 is the disc in question.

In conclusion this doctor’s lack of willingness to have a dialogue with me ended up with him performing a very painful invasive procedure on an inappropriate level without my knowledge or consent. Numerous studies have shown that performing discography on healthy disc levels can increase the chance of degenerative changes later on. Also, my future medical care has been delayed as well because I cannot proceed without information from the upper level he refused to do, and lower level that he did not do. At best this doctors actions were bad medicine, at worst they were criminal.

[annapurna]

Briefly point out your objection to Benadryl. You mention that you had one ('the way it made me feel') but don't clarify.

I'd emphasis the problems caused by decisions the doctor made in absence of any justifying information over the lack of discussion with you. When you're trying to convince another doctor that one did something wrong you'll need to emphasis the actions taken and lack of justification for them. In reality, the doctor could have spent hours talking with you and still made the same bad decisions which compromised the test.

Don't mention criminal unless you're sure, either because of your own expertise or having consulted with a lawyer skilled in medical law. Change your summarizing statement to make it clear that you're angry and the doctor's choices compromised your health so you expect the review board to do something about it but don't call it criminal unless you're planning on following through if the review board doesn't deal with it.

[jchebert1979]

Thank you very much.


As for the benadryl, the doctor didn't give me a chance to let him know how the benadryl makes me feel. I do not want to give the medical review board an explanation when the doctor wasn't given one. My complaint is that he did not want to listen to the explanation.

I guess when it all boils down the reason for this complaint is that he performed the wrong level without consulting me. I was trying to convey that this doctor had no interest in consulting me at any time during the procedure and becuase of this I did not have informed consent. Had I known that he was not going to do the correct level I would not have proceeded.

I actually am consulting with two attorney's about it. I will refrain from making assumptions to the legality after I speak with them, but I absolutely plan on legal action if the board does not do something (as long as my health permits me).

[annapurna]

Originally Posted by jchebert1979

I guess when it all boils down the reason for this complaint is that he performed the wrong level without consulting me. I was trying to convey that this doctor had no interest in consulting me at any time during the procedure and becuase of this I did not have informed consent. Had I known that he was not going to do the correct level I would not have proceeded

I'd make sure to stress that point over the legality issue, at least until you're sure it is illegal. The basis of your argument, at least to me, is that you had a test performed that you didn't authorize and didn't have the one done you did authorize.