Meet JANET
Woman Battles Medical Injustices
Mayrav Saar - " The Orange County Register " 3 April 2000
" Life would have been easier had she never learned the truth . She would have been spared finding out that what she thought was God's will , was actually a surgeon's mistake. She would have dodged the indignity of knowing her doctor is still in business - even after a jury found him guilty of malpractice , concealment and fraud .
But then Janet Mitchell would never have become the woman that she is today.
Polite and quiet , Janet is developing into a patient-rights advocate almost despite herself . From her Orange home, she emails women across the country who are facing doctors in court , offering them emotional support.
She is preparing to testify before the Assembly next week , in favour of a bill she urged Assemblyman Bill Campbell , R-Orange, to author . If it passes it will extend the state medical board's ability to investigate complaints. She is writing a book , called " Taking Stand " , to inspire others to fight what she calls medical injustices.
And yet , while she tries to inspire others , her own resolve ebbs and flows.
" It's so funny that I still feel so vulnerable , " Janet said . " Time will help , but it's still scary because it's very powerful people against you ."
In 1977 doctor's botched a surgery on then 17 year old Janet's lower leg , slicing some tendons and ligaments behind her knee . As a result , the ligaments will become increasingly weak over time. She walks with a cane , and will eventually lose the use of her right leg. But , they didn't tell her that .
Instead , Janet said , Dr Glen A Almquist played off her deep christian devotion , explaining to the girl and her family , that the reason her leg seemed worse after the surgery was " God made ( her ) that way ." Janet testified in court.
Almquist said the same congenital condition that caused her to walk " knock- kneed " the condition he had been trying to correct , prevented her from properly healing .
Sixteen years later , Janet learned the truth . Almquist's former partner , Dr Brian Ewald confessed to her in 1992 , when she went to see him after her leg gave out . Janet sued Almquist and Ewald , settling with the latter , and winning a jury award of $ 1.5 million from the former . The judgement was eventually reduced to about $800,000 . Both men are still practicing in Orange County.
In a conversation from his cabin in Idaho , Almquist , the surgeon in the case , said that he believes ligaments named in the lawsuit were not cut. " There is no way she is going to lose the use of her leg , " Almquist said . " She's no Christopher Reeve in a wheelchair , not able to move anything but her fingers . So , I don't feel sorry for her."
Janet's attorneys told her that she would have a stronger case for the medical board after her suit against Almquist was decided . So Janet did not file a complaint with the board until the jury reached it's verdict on June 3 1999. But she did not know that the Legislature passed a law in 1998 setting a seven-year statute of limitations for the California Medical Board to investigate complaints .
Janet was baffled by the restriction . In December , she told Bill Campbell's office her story , and the assemblyman wrote a bill scheduled for discussion on April 11 that would extend the statute of limitations in cases of concealment and gross negligence. " I get a number of ideas from constituents , but this has jumped out at me as a fairness issue ," Campbell said .
" So we said , ' We ought to do it . ' "
The state medical board , which licenses and regulates physicians , has not formally endorsed Campbell's bill , but it is conducting research to write a similar amendment to protect people like Janet whose cases are covered up for many years.
A new law likely would not allow the board to investigate Almquist and Ewald , and Campbell said he is impressed that Janet is pursuing something that doesn't directly affect her . " It's more common to hear from people who suggest ( a bill ) where they may see some personal benefit , rather than strictly somebody who's not going to get anything out of it , " he said .
That speaks volumes about the kind of woman Janet is , said Colleen Basalyga , 35 , a Pennsylvania woman who e-mails Janet about her own malpractice case . " I said God must have made our paths cross for a reason , " Basaylga said. " I knew nothing . I left everything up to the lawyer . I didn't realise what I could do , " she said . " Janet told me exactly where to go , exactly what to do and what to ask ." Mostly , Janet has told Basalyga to anticipate sleepless nights , anger and confusion . She has also said , eventually , to expect closure . " Twelve people who I don't know say , ' You were wronged ,' " Janet said . " How come , psychologically , this makes me feel better , I don't know . "
After a jury awarded Mitchell $ 1.5 million , Almquist filed for bankruptcy to shield himself from having to pay . A judge ruled against him last month , but Janet still hasn't been paid . Janet said she is not yet used to victory.
Neither has she gotten entirely comfortable with trusting people again . But she said she has made great strides.
When she first learned of the cover-up , Janet said , she was " so angrty I couldn't see straight . " She said she had never experienced such ire and wasn't sure her feelings were in keeping with her Christianity. Over time , however , Janet said she was able to draw from her faith , and she concluded that God wanted her to forgive her doctors. She said she believes she has. " Just think , " Janet said . " It is the same God onto whom the doctors had once shifted the blame regarding the poor results of my surgeries ( who ) has helped me to forgive these men and to be at peace with the lifelong results of my doctors ' secrets and mistakes . "
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