Janet Mitchell:  

CLASS OF 1977
Janet Mitchell's Classmates® Profile Photo
Santa ana, CA

Janet's Story

"It's time you know . . .. " Dr. Ulild said with a sigh, while leaning back against the wall. Know what? I wondered, as I sat on his examining table. Instantly, Dr. Ulild broke eye contact with me. "Janet, I was there during your first surgery. Dr. Allgood cut your bone wrong. The cut went diagonally, up to the joint space of your knee, cutting your ligaments causing the instability. The rest of your surgeries on your right leg were to try to fix this mistake." Immediately my stomach drew up into knots, and I wept uncontrollably. How could my doctors have done this to me? Through ten surgeries, I had trusted them! They were my heroes! My childlike faith and trust in people had, in a flash, been shaken to the core. I had lost the use of my legs during my senior year of high school and became wheelchair bound due to another's negligence. For the next fifteen years, my doctors had told me that my right knee problems were due to a congenital complication, "because of the way God made me." My doctors had lied...and had the nerve to blame my God! I was angry! The thought of living the rest of my life with the consequences of someone else's secrets, mistakes, and lies made my stomach churn with fury! To many victims of medical malpractice, anger is looked upon as a positive-energy to fuel one in his efforts for justice. Yet, to me, my anger became an inferno that charred my soul. Dr. Ulild hadn't even said he was sorry! And yet, as a Christian, Scripture told me that I was to forgive. Truthfully, no matter how hard I tried, I could not find the desire to do so. I'm not ready to say that what happened to me doesn't matter! Unsuccessfully blinking back my tears, I shamefully cried, God, don't you understand? I, can't do this! I'm sorry, but I'm still too angry! Pausing for a moment to catch my breath the thought came to me. Forgiveness is a choice, not an emotion. I don't have to wait until my emotions "feel like forgiving" to forgive. I had learned that forgiveness was an act of my will and needed to begin with the decision to forgive. I clearly understood that forgiveness would in no way change my past, but somehow, I knew it would free my future. I realized that I would live the rest of my life suffering the consequences of someone else's secrets, mistakes, and lies. The only choice I had was how I was going to live it. Was I going to believe that living with a disability due to medical negligence was a life-long sentence? Or was I was going to believe that God would bring good out of evil? I did forgive, yet much to my surprise, rage still brewed from deep within. I thought that once I "forgave," my soul would be at rest. Instead, my emotions rode a roller coaster, What if my doctors injure another? How could any of this be part of God's plan for my life? What good could God create out of this mess? Despite the shock and anger Dr. Ulild's revelation brought, I knew that his confession was not a surprise to God, and that God did have a special purpose for this situation. Still fighting my fury, I paid a visit to Norman Wright, psychologist and coauthor of Good Women Get Angry . "Janet," he said, "it's not a sin to experience anger, but you can't allow your anger to lead to bitterness and resentment. What happened to you was wrong!" Motionless I listened to Norman Wright's great words of wisdom. "The experience of anger is normal and natural. As part of being made in God's image, humans have emotions, and one of these emotions is anger. Like all of God's gifts, anger has tremendous potential for good. We can choose to express our anger in ways that help or in ways that hinder, in ways that build, or in ways that destroy. Janet, it's your choice." I wrestled with my convictions. What should a person do when they learn that he or she has become victims of medical fraud? What should they do when they discover that their same doctors have injured many others and some patients have even died? Through godly counsel, I was reminded that I needed to get the facts-find out the truth regarding my past medical care. I was not to spend precious time worrying about the what ifs. The what ifs are deadly. They carry our thoughts and imaginations to places we will never visit. They take us to places where God isn't. Because of this, I concluded that I had a responsibility to take a closer look at my medical history. I discovered that my medical records had been tampered with. I found that an entire year of my medical treatment had disappeared. X-rays of my right leg proving the mistakes were also mysteriously missing, yet my left leg x-rays of 1977-78 were readily produced. I wished I had kept my own set of records and had requested a copy of my medical chart. I was stunned to learn that our laws don't require doctors to "own up to," "tell the truth," or "inform a patient" of the true cause of his or her condition. I had no idea that medical malpractice is the eighth most common cause of death in America and that these preventable deaths exceed the deaths attributed to car accidents, breast cancer, or AIDS! I researched information pertaining to my doctors. Even though they were in "good standing" with the California Medical Board, court records showed they had been...Expand for more
sued a total of fifty times! The complaints ranged from wrongful death, wrong site surgery, medical fraud, to other types of fraud and grievances. I doubt these "patient-plaintiffs" knew the odds, that one out of every four orthopedic surgeons have cut or will operate on the wrong limb at some point in his or her career. In 1998, the American Academy of Orthopedic Surgeons launched a "Sign Your Site" campaign, encouraging surgeons to sign their names directly on the patient's skin, marking the spot intended for surgery-hoping to prevent these recurring mistakes. In the future, I'd be the patient my doctor would never forget. I'd hand my doctor a pen! I discovered alarming facts that put my entire community at risk. Except for a brief six-month period, Dr. Allgood practiced medicine and performed surgery without carrying medical malpractice insurance! I didn't realize doctors could practice medicine and perform surgery uninsured! With Dr. Ulild drawing demonstrating the medical mistakes-which he now denied and with medical bills proving twenty-three office visits and three surgeries-all missing from my medical chart, I sought to find an attorney. Although our society has an abundance of lawyers, Who would jump at the chance to represent a client facing a fifteen-year statute of limitation problem? What law firm would gamble the odds and finance such a risk with key evidence surrounding ten surgeries mysteriously missing-purged? It was a "defense firm," a firm that specialized in "defending" doctors that finally accepted the challenge. This to me was another example of God using the unexpected to bring about His plan. In 1993, I filed a lawsuit against my doctors for "Professional negligence, negligent misrepresentation, fraud, and concealment." I was told upfront that, "Ninety percent of all medical-malpractice cases settle. Ten percent of the remaining few actually go to trial, and doctors win ninety percent of the time." Despite the odds I faced, I chose to stand up for truth and godly principles. I vowed to "live out my faith," doing everything possible to prevent my doctors from injuring another. I determined that giving up was not an option. I reminded myself more than once, "God's power is not limited by the lack of fair play!" In 1996, my case wound up in front of the Court of Appeal, as the lower court had previously granted a motion of summary judgment on the issue of the statute of limitations and I had lost my right to sue. After another battle, I won the right to sue my doctors with the Court finding triable issues of fact concerning fraud and concealment. Disgusted, one of the judges on the panel concluded, "If I were this doctor, I would plead the Fifth and run out of town!" Despite the twists and turns of an eight-year legal battle, from the Superior Court to the State Appellate Court to the Federal District Court , God was faithful! After "winning" my legal battles in 2002, I contacted the Medical Board of California. Regretfully, existing statute law barred them from investigating my doctors. Under the existing law, only "occurrences" that had taken place within the last seven years could be investigated. The Statute of Limitations held no provision for cases where fraud and/or concealment were issues and therefore shielded my doctors from accountability or investigation by the Medical Board! I was appalled! Janet and Assemblyman Bill Campbell on the floor of the Assembly I wrote Assemblyman Bill Campbell of California . I shared with him my story and the inadequacies I saw in our existing law regarding the Medical Board. He then introduced legislation born out of my medical disaster. Assembly Bill AB 2571 was my hope in changing the future for others. Within six months, AB 2571 passed the California Assembly and the Senate with not one "noe" vote. On August 31, 2000 , Assembly Bill AB 2571 was signed into law! No longer can California medical professionals alter medical records or conceal medical information and rely on the statute of limitations to exonerate them from investigation by the California Medical Board. The signing of AB 2571 into law has taught me that it just takes one; that one voice does make a difference. Like a pebble dropped in a pond, there is power in one person; that one person's actions create a ripple that goes on and on. This ripple has brought me back to my state capitol where I have testified in support of three laws-all in hopes of preventing you from becoming the next victim of medical malpractice and/or fraud. Through my experiences, I am reminded that God cares immensely about each one of us. I am in awe of the way He answered me when I desperately cried out to Him. God, how can I forgive these men? Just tell me? How could any of this be part of Your plan for my life? What good could You create out of this mess? Today I have great peace knowing that I walked a road that I was destined to walk. I understand others' grief and anguish and the feeling of betrayal in a way I couldn't before. And now I know for certain that my life is in the care of a loving Father who is not just an indifferent observer. How richly blessed I am-that God trusted me with pain. ©2003-2008 Janet Lynn Mitchell
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