Public Mediation

My Claim vs. Jason Oliviero, Md

D. B. vs. Dr. Jason Oliviero
Dartmouth Hitchcock Medical Center, 100 Hitchcock Way, Manchester, New Hampshire, 03104-4125, United States
Amount Involved: $4,000.00
    • Claimant Seeks: View.
    • Claim #: 4834939
    • Amount Involved: 4,000.00
    • Filed On: Mar 11, 2016
    • Posted On: Mar 22, 2016
    • Complaint(s):
      • Rude or Unprofessional Behavior
      • Incompetence
      • Misdiagnosis
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Statement of Claim
Complaints Involved (3) - View
Claimant says:
"On April 21, 2015, primary Physician twisted my lower leg in an appointment and I could not walk or stand without wobbling after that. The pain was tremendous and I went home with an anti-inflammatory drug and Vicodin pills. April 29, I called my primary and asked for a referral to a knee Doctor. I was given an appointment with an Orthopedic PA, who diagnosed me with a little arthritis. I said no, it was an injury because of when and how it happened. May 19, still couldn't walk or stand alone. Called primary for another Orthopedic Surgeon. He made me an appointment with Doctor Jason Oliverio, again with Dartmouth Hitchcock Orthopedics in my insurance network. My husband and I went to the appointment in hopes of some answers. Doctor Oliviero walked into the appointment, before introduction, said, "If you are here to get me to say something against another Doctor, it's not going to happen" That set the scene for the appointment alright. I said, I was there because of an injury I had sustained and was told it was just a little arthritis, but in pain and can't walk. He said, I had moderate arthritis. He told me to go see a bariatric surgeon. I ended the appointment in discouragement. I called my insurance company and asked for an Orthopedic surgeon not in the network that were independent of each other. I was denied by the insurance company so wrote an appeal and after many phone calls, my appeal was approved. I went to Concord Orthopedics. A MRI was ordered immediately and a "an enormous torn meniscus" was found. This was in July."
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Additional Communication Between Claimant and Dr. Jason Oliviero Hide
  • Mar 22, 2016, Claiming party added:

  • Dr Oliviero. I understand everything you wrote, however: You had no idea that I had a torn meniscus because you did not test for that, you if you remember, said my only problem was I needed a bariatric surgery because I was fat. You never took the time to check for the meniscus. I was in extreme pain and yes another surgeon did an MRI. It was an enormous torn meniscus from the injury I had told you had happened to me. No matter how you explain what you do for a torn meniscus, its a mute point because you didn't find it. I am sinking with Dr. bills and life losses that you made me endure longer than I should.

What Claimant Wants Hide
1. YOu should at least cover my medical bills and for pain you made me endure because you misdiagnosed my problem. Apr 05, 2016 $4,000.00
Cash total : $4,000.00
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Meniscus tears with a classic degenerative pattern of tearing are common and expected in patients who have developed osteoarthritis. Our treatment of these degenerative meniscus tears has been shaped by studies of patients conducted at medical centers (randomized, double blind, controlled studies), which have shown no significant difference in outcome with arthroscopic debridements (trimming and removal or torn meniscus and cartilage) versus sham (fake) surgery of arthritic knees (NEJM 2002). A more recent study failed to demonstrate significant improvement after arthroscopic partial menisectomy (partial meniscus removal) vs sham (fake) surgery in patients with degenerative meniscus tears without arthritis (NEJM 2013). Based upon this medical evidence, I feel it is in the patient’s best interest to pursue non-operative treatments of osteoarthritis/degenerative meniscus tears (as previously described) before proceeding with expensive imaging studies which often are not necessary. Most importantly, the medical evidence does not support arthroscopic surgery as first line treatment for osteoarthritis of the knee or degenerative meniscus tears as surgery has not proven to alter or improve symptoms of the underlying osteoarthritis.”"

This claim will remain posted until resolved.

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Offer History
Mar 11, 2016
Claimant's Terms of Settlement to Dr. Jason Oliviero
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