An ethical dilemma

[hellokitty69]

I had a left radical mastectomy 39 years ago. I am now 69. I didn't have radiation or chemo but all my lymph nodes under my arm and in my chest were removed.
Several months ago, I decided to try acupuncture for ongoing chronic low grade depression. I had never had a problem with my arm in 39 years. I made sure blood pressure readings, blood work, etc. were done in my other arm. I filled out a form at the acupuncturists wherein I wrote down that I had had the above referenced mastectomy. I had been going to him for two weeks and needles were put in my left arm. I had totally forgotten that I shouldn't have allowed that. After 2 weeks, the day after an acupuncture treatment, my left arm swelled up and I went to the ER. Needless to say, I went to P.T. and am doing rehab at the hospital twice a week and had to buy a compression sleeve and gauntlet, which my insurance did not reimburse. I've been told and have read that this will be a lifelong condition and that I need to wear the sleeve, etc. every day. It is very unbecoming and everyone asks what happened to me.
The acupuncturist never asked me how my arm was, nor did he ever say he should have known...or I'm sorry, etc.
The man is gay and we were involved in Buddhist activities as he is a Buddhist. I am married to a loving husband.
Anyway, I did forget about doing nothing to my arm, but I feel he should have known himself upon reading my history.
I am now very seriously considering suing him for negligence, personal injury, etc. but am wondering if this is a very meanspirited thing to do even though the lymphedema was clearly caused by acupuncture, and he never cared about it, and it will cost me heavily financially and in emotional and lifestyle stress.
Would I be a horrible person to speak to a lawyer about this and perhaps hurt this person very much in his career? Please provide as many responses and thoughts as possible. What do you think is the right thing to do?

[Ma111]

My pre surgery/radiation lymphadema symptoms were due to the extensive nodal involvment from the breast cancer. My primary tumor is less than 1mm and didn't show on any films. Mine showed up as a lump in the arm pit. The lymph system was clogged with cancer. There is information at pubmed and in the corchron reviews.
lympnet.org or any surgeon for information on being allowed to have blood draws etc from the arm.
My mother is allowed to have anything done on her affected side. I myself spoke with her surgeon. Ask your surgeon the next time you go!

[bluebutterfly2222]

Thanks for taking the time to answer my question, but what I was trying to get to was whether he had any medical backgound. Some MDs or DOs or Chiropractors interested in alternative treatments get training and certification in accupressure or accupture and provide that treament as one part of their medical tx, while some non-medical people take up accupuncture, but even if they are licensed in it, should not be relied upon to have a full range of medical knowledge. You could certainly consult a lawyer about the merits of your case, but I believe would have to prove that his actions were the proximate cause of your LE, and that he did not meet the standard of care for whatever level of training and licensing he represents.

As I mentioned above, some people develop ideopathic lymphedema, while others develop it after surgery or some other trauma. (This could have been the case with Ma111, but I'll let her speak for herself.)  As she mentioned, newly developed cases that receive immediate tx have a much better prognosis than long-standing cases that went untreated. Let's hope you get a good response to lymphatic drainage massage and eventually only require maintenance tx to keep it under control.

Regards,
bb

[hellokitty69]

The acupuncturist is certified and licensed. The next time I need to purchase a garment I will take it up more fully with  my insurance company.

Ma111 - I am questioning the second sentence in your reply. Can you please comment again with the URL that verifies that statement. I've been to the National Lymphedema Network and never read anything that says you are allowed to have blood drawn, etc. from a post-mastectomy on the affected side. I am under the impression that one shouldn't have  such procedures done in that arm throughout your lifetime post mastectomy, as it could cause lymphedema. I also have never heard of having the arm on the cancerous side swell up BEFORE surgery or other treatments. Can you please expand on your reply if it not too private a subject for you to elaborate on.
Thank you both for replying.

[Ma111]

The nodes being removed caused the lymphedema, not the accupuncture. The latest recomendations are that if you had not had problems that that arm can be used for blood draws, blood pressure etc. Check the national lymphedema network out on line.
It is not your fault for forgetting nor his.
The latest reseaarch says weight lifting for lymphedema. I had lymphedema even before my surgery. I don't always wear my glove or garment. The massage seems to be most helpful, they probably taught you that in PT. You may be able to give up the garments. I only wear mine for decompression. I manage to mow the yard and split wood.
Lymphedema is a pain in the but thing to have. Mine doesn't hurt, just ugly. Since you went so many years without problems I can see that you will soon resolve them. It does take a long time for the swelling to go down.

[bluebutterfly2222]

You have described this person only as an "acupuncturist."  Is he some kind of licensed health professional?  That would make a great deal of difference in regard to what he "should have known" in regard to your medical status (post-mastectomy) and what standard of care he might be held to, and by whom (e.g. a board of medicine or other licensing body).

It would be helpful if you could provide some additional information.

Meanwhile, I'm sorry that you are having to deal with these problems.  Have you tried appealing the insurance company's refusal to pay? Since lymphedema is a documented medical condition that can arise spontaneously or as a complication following surgery, I would think it would be covered by insurance.

Best wishes...