Doctor negligence?

General Discussion on any topic relating to CPAP and/or Sleep Apnea.
Mike20878
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Doctor negligence?

Post by Mike20878 » Mon Oct 23, 2023 8:53 pm

In 2020 my new sleep doctor informed me I was eligible for a new machine. He had my records from my old doctor, so he should have known I had been using a BIPAP machine. Instead, he ordered a CPAP and I was unaware that what I was getting was not a BIPAP.

When I asked him at the end of December 2021 that I suspected that I did not have a BIPAP he assured me that I did, "based on his notes."

Fast forward to a month or so ago and I have a new sleep study and he says, "you need a BIPAP." But you told me I had a BIPAP.

So, I've wasted all this time with the wrong machine when it could have been cleared up last January.

Do you think the doctor owes me anything? He's not said a whole lot about the mistake.

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SleepGeek
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Re: Doctor negligence?

Post by SleepGeek » Mon Oct 23, 2023 9:03 pm

Mike20878 wrote:
Mon Oct 23, 2023 8:53 pm
Do you think the doctor owes me anything? He's not said a whole lot about the mistake.
Yea, he owes you a copy of your BiPap Equipment Order and notes from all of your past visits.

You own some of this error. You should not have ever accepted the other cpap from the DME.

Get your paperwork in order then its up to you IF you want to train another Dr.
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amenite
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Re: Doctor negligence?

Post by amenite » Mon Oct 23, 2023 9:11 pm

Mike20878 wrote:
Mon Oct 23, 2023 8:53 pm
In 2020 my new sleep doctor informed me I was eligible for a new machine. He had my records from my old doctor, so he should have known I had been using a BIPAP machine. Instead, he ordered a CPAP and I was unaware that what I was getting was not a BIPAP.

When I asked him at the end of December 2021 that I suspected that I did not have a BIPAP he assured me that I did, "based on his notes."

Fast forward to a month or so ago and I have a new sleep study and he says, "you need a BIPAP." But you told me I had a BIPAP.

So, I've wasted all this time with the wrong machine when it could have been cleared up last January.

Do you think the doctor owes me anything? He's not said a whole lot about the mistake.
If what you're saying is completely accurate it would seem to be his / his practice's fault that you were "downgraded". Maybe they'll blame a DME, maybe rightly so. If that's the case though, good luck getting anyone to assume any responsibility unless they're forced to do so. I suppose his notes are part of your medical record. Maybe if you request a full copy of your records you'll see what he means, or if he's just blowing smoke. And maybe from there they'll get the hint they need to pay attention.

I also have to say with the resources we all have at our disposal these days it's not a complicated matter to go a step beyond trusting underpaid/overworked staff and their actions, and confirm for yourself what machine you have and if it's the correct one or not. Granted the manufacturers make it confusing with all the model numbers and such, but with the state of medical care today failing educate yourself about this or any other medical issue, treatment, monitoring, medication, equipment, etc., etc. is really not an option. At least now you know.

Mike20878
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Re: Doctor negligence?

Post by Mike20878 » Tue Oct 24, 2023 10:54 am

I think I was so happy to be receiving a new machine I didn't even contemplate that they screwed up. The worst is that when I tried to confirm they said that I did have a BIPAP.

Thanks.

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ChicagoGranny
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Re: Doctor negligence?

Post by ChicagoGranny » Tue Oct 24, 2023 12:01 pm

Mike20878 wrote:
Mon Oct 23, 2023 8:53 pm
I have a new sleep study and he says, "you need a BIPAP."
Why do you need a bilevel machine?

Janknitz
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Re: Doctor negligence?

Post by Janknitz » Tue Oct 24, 2023 12:45 pm

I think you need to do further research about where to place the blame. It's entirely possible that the doctor DID order a BiPap, and the DME screwed up or did it deliberately because it was more cost effective for them (I'd put my money on that!). Or your insurance may have refused to cover a BiPap and you ended up with an APAP, but nobody told you why so you could take the steps to get the correct machine covered.

You should request your records from the doctor which should include a copy of the prescription for the machine you got. If the doctor did order BiPap, then your beef is with the DME or possibly the insurance company.

But to what end? You can't win a lawsuit against anybody unless you can prove damages. What are your quantified damages?

It does make sense to at least complain to whomever screwed up, simply to prevent that screwup from happening again.
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Mike20878
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Re: Doctor negligence?

Post by Mike20878 » Tue Oct 24, 2023 1:47 pm

No, I have no intention of filing a lawsuit. I have brought it up with the doctor but he's somewhat avoided the issue.

Mike20878
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Re: Doctor negligence?

Post by Mike20878 » Tue Oct 24, 2023 2:42 pm

ChicagoGranny wrote:
Tue Oct 24, 2023 12:01 pm
Mike20878 wrote:
Mon Oct 23, 2023 8:53 pm
I have a new sleep study and he says, "you need a BIPAP."
Why do you need a bilevel machine?
I had a new sleep study recently and that was the determination. But the sleep study from my old doctor had determined the same thing. For whatever reason, someone dropped the ball.

I believe I have obstructive sleep apnea.

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SleepGeek
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Re: Doctor negligence?

Post by SleepGeek » Tue Oct 24, 2023 2:48 pm

The doc likely would not know the diff cpap models by looking at them unless s/he also uses a cpap.

You know what you car looks like, you know what model it is - make sure you know what your life saving equipment looks like AND they do ALL look the alike so that is where YOU need to know the model #'s.

You always want an auto cpap/bipap, always.
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CrankyGranny is Whale Road + many other ids
They are here to help.
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Mike20878
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Re: Doctor negligence?

Post by Mike20878 » Tue Oct 24, 2023 3:07 pm

SleepGeek wrote:
Tue Oct 24, 2023 2:48 pm
The doc likely would not know the diff cpap models by looking at them unless s/he also uses a cpap.

You know what you car looks like, you know what model it is - make sure you know what your life saving equipment looks like AND they do ALL look the alike so that is where YOU need to know the model #'s.

You always want an auto cpap/bipap, always.
I just picked up an AirCurve 10 VAuto this afternoon. It's not terrible in terms of cost. After 9 months I think it's going to cost me about $250. I left my notes about the pricing at work.

amenite
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Re: Doctor negligence?

Post by amenite » Tue Oct 24, 2023 3:39 pm

Mike20878 wrote:
Tue Oct 24, 2023 10:54 am
I think I was so happy to be receiving a new machine I didn't even contemplate that they screwed up. The worst is that when I tried to confirm they said that I did have a BIPAP.

Thanks.
In the beginning of my CPAP use, when my insurance changed 6-7 months into my new 10 month rent-to-own arrangement, no one could tell me how this was supposed to go with new insurance Co. If it had not been for that I might have just kept on with fixed pressure machine with no options for years instead of telling them to stuff it and buying my own APAP. Insurance ineptitude turned out to be a good thing in that case. Luck I suppose. I can tell you though - two incidents in as many months recently between me and family members of medical screw ups that one would not have expected. Nobody should be relied upon to have the level of awareness you yourself will have to your treatment etc. Do yourself a favor and be a participant in it because some mistakes there's no coming back from.

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ChicagoGranny
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Re: Doctor negligence?

Post by ChicagoGranny » Tue Oct 24, 2023 3:59 pm

Mike20878 wrote:
Tue Oct 24, 2023 2:42 pm
ChicagoGranny wrote:
Tue Oct 24, 2023 12:01 pm
Mike20878 wrote:
Mon Oct 23, 2023 8:53 pm
I have a new sleep study and he says, "you need a BIPAP."
Why do you need a bilevel machine?
I had a new sleep study recently and that was the determination. But the sleep study from my old doctor had determined the same thing. For whatever reason, someone dropped the ball.

I believe I have obstructive sleep apnea.
It might be to your benefit to know why you need a bilevel machine. Do you know what the prescribed machine settings are?

Mike20878
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Re: Doctor negligence?

Post by Mike20878 » Tue Oct 24, 2023 9:01 pm

ChicagoGranny wrote:
Tue Oct 24, 2023 3:59 pm
It might be to your benefit to know why you need a bilevel machine. Do you know what the prescribed machine settings are?
I remember originally it was the OSA. Based on my latest sleep study, where I got to a point of zero AHI.

I'm trying to see if I can get a copy of the latest study.

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ChicagoGranny
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Re: Doctor negligence?

Post by ChicagoGranny » Wed Oct 25, 2023 3:50 pm

Mike20878 wrote:
Tue Oct 24, 2023 9:01 pm
I'm trying to see if I can get a copy of the latest study.
Good. It is important to keep a copy of all studies in a permanent file.