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.

[fuzzy]

Yust curious? He did not tell you ahead of time what levels he would work on? Did you sign something saying what he would do, did he get carte blanche to test what ever levels he felt like doing?

I my opinion if he things the report is wrong he should call the radiologisit to doublecheck. I have had doctors do this. Seems like you need to see different doctor.

[jchebert1979]

Fuzzy, that is exactly why I am submitting this complaint. I didn't sign anything, but I was under the assumption that we were going to do the levels that were bad on the MRI. I requested my doctor order a discogram in the thoracic region. The doctor doing the discogram can change the areas as he sees fit, but I believe the patient needs to be informed. Not only was I not informed, but he refused to listen to anything I had to say.

[dshobbies]

A few years ago I reported a doctor for what I thought was unconscionable and illegal behavior. Though no disciplinary action was taken, my hope is that this doctor will think twice before doing the same thing to another patient. I was told we were a bad fit.

Though some doctors may be at the top of their field, they also have egos the size of Mt. Olympus. What they don't understand is that we are the ones suffering.

However, before sending this letter, it might be a good idea to try to talk to this doctor. If he still, in a non-medical setting, thinks he was correct and you overstepped your patient bounds, then send the letter. IMHO

And why shouldn't you control the medical care you receive?

[sahuaro]

To make your complaint stronger, it would be helpful if you looked on the Medical Board website for rules and statutes related to the practice of medicine and could cite which rules and statutes he violated.
While you are on the website, you might also check to see if there have been other complaints against this doctor and what the Board did about them.

[jchebert1979]

I will be contacting his office tomorrow. I am going to politely ask that he redo the levels that were not done. I do not expect that he will agree, but I will give him the opportunity before I pursue this.

I am also considering legal action as well. Again, that all depends whether or not he will redo the test.

[Poncho]

Hi Jchebert,

I don't get on here much anymore - unfortunately my time management skills for the past year or maybe two have been horrible.

However, after reading this - if this physician performed a procedure on you at a level without your consent. If this is true - it may be considered what they call a "wrong site procedure" - That is a big deal in health care now days. (I now work in Risk Management and Quality). - I would mention the words "wrong site procedure" and see where that gets you. I would assume a bit of attention. If their investigation points to this - I'm sure he will end up in "Peer review". I'm sure he will get talked to through the hain of command on that.

I am so sorry that you had to go through such an unpleasant proedure with a jerk of a physician. Attitude and personality and just caring goes a long way in this business. (as well as experience and skill)

In the end - I hope the outcome is what you are looking for to become a recovered spiney. Take care and please let us know what the response is. Nobody deserves to be treated that way.

Take care,
Poncho