Expert Witness and Consumer Advocate

American Academy of Sleep Medicine. Accreditation, policies, politics... NOT FOR SCORING QUESTIONS PLEASE

Moderators: SCNVsleep, labman2

Expert Witness and Consumer Advocate

Postby drbandage » Mon Oct 15, 2012 9:37 pm

Hello -
I am new here, as of today, so I apologize in advance if I am uninformed about posting protocol, etc. I posted this in the miscellaneous topics section as well, since I am not sure of what is most appropriate. Sorry to spam if this is the case.

I am an MD (not specialized in Sleep Medicine), practicing in California.

I am wondering if perhaps anyone may be able to provide any direction to someone who may have an interest in potentially serving as a Consultant or Expert Witness in a high profile medical malpractice case that I am bringing against a very well known HMO.

I am bringing the case relating to malpractice relating to deficient medical care that I myself received from 2003-2009. Issues revolve around inappropriate use of equipment (primarily substitution of Portable Monitor) and errors in interpretation of PSG studies, as well as inadequate treatment. Briefly, I was diagnosed (erroneously) with primary PLMD (instead of OSA) despite multiple RERA's seen on several PSG's, and treated with Mirapex, Neurontin and Requip and other medications for years before OSA was ultimately diagnosed. Even at that point, severity was grossly underestimated and titration and treatment were deficient on many levels. Primary PLMD was the diagnosis until I finally left this HMO in 2010.

Ultimately, I was seen by a very famous pioneer in Sleep Medicine at Stanford and provided with an appropriate diagnosis. I underwent MMA surgery in 2010, again at Stanford, rather than the unnecessary and useless UPPP and nasal rinse that my HMO had recommended. By that time, I had multiple complications, including Left Ventricular Hypertrophy and hypertension, neurocognitive dysfunction, Metabolic Syndrome and obesity.

Sorry to be somewhat vague, but the details are voluminous.

The case involves medical malpractice at its core. But, more importantly, on a grander scale it will also address the issues of Bad Faith from the HMO as an insurance company. The latter issue relates to company withholding indicated equipment and their repeated and ongoing failure to provide Comprehensive Sleep Evaluation prior to testing, adequate follow-up after testing, and follow-up visits after PAP is started, as well as inappropriate and routine use of Portable Monitors instead of PSG's. This may also relate to a potential Class Action suit, and also possibly Medicare fraud issues (for billing without appropriate diagnostic and testing protocols being observed).

The HMO will be fighting tooth and nail with high powered "hired guns", so I cannot bring a knife to a gun fight. This means that someone is needed who is very highly regarded and has an keen appetite for consumers rights. This HMO gets away with an ongoing and complete disregard for the Standard of Care, but proving it as their routine practice will be a formidable task. If I knew a way to involve organizations that advocate for the patient on this topic, I would do so. So far, it's just me and my well meaning (but sleep-ignorant) attorney. He has taken on huge cases before, but knows nothing of OSA, PLMD, PSG, RERA, UARS, etc..

I will limit my information to this for the moment. If you do know any parties that may be helpful, then I would appreciate that.

Thank you for any information that you might provide. If there is somewhere else this should be posted, I would appreciate being directed.
Thank you.
[/u]
drbandage
New Member
 
Posts: 4
Joined: Mon Oct 15, 2012 9:10 pm
Location: United States

Postby somnus diabolus » Tue Oct 16, 2012 12:02 am

I believe you would want a board certified sleep doctor who is a Neurologist, given what you have going on. Good Luck with the case.
User avatar
somnus diabolus
Senior Member
 
Posts: 480
Joined: Sat Sep 11, 2010 8:52 am
Location: North Carolina

Postby drbandage » Tue Oct 16, 2012 1:07 am

Yes, I am indeed looking for a doc who is Board Certified in Sleep Medicine, (likely a neurologist), who has some gravitas in the field. Someone that has a background in legal cases (in serving as an expert witness) would be preferred, of course. Someone with a keen interest in consumer advocacy would be ideal, as the case really involves an insurance company and their blatant disregard for meeting the medical Standard of Care for diagnosis and treatment of potentially thousands of patients with sleep disordered breathing. My case appears to be just the top of a very large ice berg. Handled correctly, it could be of immense importance for many other patients.

Suggestions are welcomed.

Thanks for your reply.
drbandage
New Member
 
Posts: 4
Joined: Mon Oct 15, 2012 9:10 pm
Location: United States

Postby somnonaut » Tue Oct 16, 2012 1:14 am

I would also assume this physician would need to be licensed to practice in California?
User avatar
somnonaut
Senior Member
 
Posts: 14160
Joined: Thu Dec 11, 2003 6:03 pm
Location: http://tinyurl.com/righteousdude

Postby drbandage » Tue Oct 16, 2012 1:52 am

Actually, I think that would only be a bonus, but not a requisite. I am not an attorney, but the the primary issues in regards to medical malpractice apparently relate to “generally accepted standards of medical practice” meaning:
⁃ standards that are based on credible scientific evidence published in peer-reviewed, medical literature generally recognized by the relevant medical community;
⁃ Physician Specialty Society recommendations;
⁃ the views of Physicians practicing in the relevant clinical area; and
⁃ any other relevant factors".
My contention is that the insurance company routinely disregards these standards, so I think any expert MD who can testify to this would be perfectly fine.
Thanks for your reply.
drbandage
New Member
 
Posts: 4
Joined: Mon Oct 15, 2012 9:10 pm
Location: United States


Return to AASM

Who is online

Users browsing this forum: No registered users and 1 guest

cron