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A love story.
A story of overcoming obstacles.
A story of determination.
A story of hope.
Taking a Stand is a true story about Janet, a sixteen-year-old girl who trusted her orthopedic surgeons through ten knee surgeries. She believed her doctors when they told her that her poor surgical outcome was due to the way God made her. Conquering the seeming impossible, she rose from her wheelchair, faced the parallel bars, and met her challenge—walking!
Fifteen years later one of her doctors confessed, divulging the truth regarding the cause of her condition and the need for her repeated surgeries. Her doctors had made a gross mistake during the original surgery. Janet’s additional surgeries were due to medical malpractice, concealment, and fraud. Janet and her parents had been lied to and an entire year of her medical records had been removed from her file. Additional medical records had been purged and Janet’s x-rays were mysteriously missing to cover the truth.
What do you do when you discover your life has been forever changed and you must now live with the consequences of someone else’s mistakes and sin? How do you quench the anger that blazes? To some, this anger is looked upon as positive—energy to fuel the injured in his efforts for justice rather than an inferno that chars one’s soul. The world’s view of living with a disability or loss of a loved one due to medical negligence or “the fault of another” tends to be perceived as a life-long sentence rather than a life that expects God’s blessings in bringing good out of evil.
Janet wrestled with the decision whether or not to sue her doctors. Through many trips to the courthouse, she uncovered alarming facts that put her community at risk. She discovered that, combined, her doctors had been sued more than fifty times, yet they continued to practice medicine. Janet determined to take her case to trial. She vowed to do everything she could to prevent her doctors from hurting another person.
But just how easy is it to sue a doctor? Though lawyers are in abundance, who would jump at the chance to represent a client with a fifteen-year Statute of Limitations problem? Who would want to take on a case entangled in a web of lies and sort out the truth of Janet’s medical care and ten surgeries? Who could even represent this case with the knowledge that evidence was missing, destroyed and purged? What law firm would gamble the odds and finance such an endeavor? “Sorry,” Janet was told over and over again, “our firm can’t help you.” Finally her determination and persistence won out. A law firm 800 miles away, known for the defense of doctors, agreed to take her case. They agreed to take the risk. They now represented—a plaintiff.
Taking a Stand documents one woman’s struggle to hold tight to the promises of God. Through the twists and turns of the legal system, she and her family experienced one jolt after another, fighting an uphill battle through the superior, appellate, and federal courts.
Assembly Bill AB2571, a bill that was born out of her misfortunes, passed both the floor of the Assembly and the Senate with not one “no” vote. With unanimous support, August 31, 2000 AB 2571 was signed into law! No longer can doctors in California conceal their mistakes be shielded from investigation by a statute of limitation. From defeat to victory—God was faithful!
Taking a Stand is for every person who has a serious illness or injury, anyone who has been victimized and betrayed, all who’ve met physical challenges, battled the legal system, or simply felt like giving up. Taking a Stand will encourage you not to toss in the towel, but to rise above the odds and take a stand for what you believe in!
Janet's Medical Nightmare
"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 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!
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.
What people are saying about Taking a Stand
Taking a Stand is one of the most powerful stories of courage and endurance that I have read in years.
Riveting and engaging, the story kept me intrigued every step of the way. This is not just a medical-malpractice legal thriller; the pages are filled with romance, laughter, disbelief, rage, anger, joy, faith, and perseverance. It is a love story, a story of overcoming obstacles, a story of determination, a story of hope. You can't help feeling as if you are right beside Janet Lynn Mitchell every step of the way, gasping, praying, and wanting to know what could possibly happen next.
Janet’s story exposes the many cracks in the medical and judicial system that we trust to protect us. It’s shocking but true: Medical malpractice is the eighth most common cause of death in America. Janet offers excellent advice pertaining to the readers’ own medical care and how they can partner with their doctors to prevent mistakes.
Thanks to Janet for sharing the pain she has had to endure, both physically and emotionally. We can know for sure that we are not alone . . . that it's all right to be angry, sad, even depressed, and it's okay not to remain silent!
Contrary to popular belief, as Christians, we must take a stand when it comes to injustice. It might just save someone’s life. Lisa J. Williams, Founder of the California Women's Ministry Network
Janet Mitchell’s story is a dynamic testimony to God’s faithfulness and grace. In His power, she faces remarkable obstacles and trusts God to bring justice in an unjust situation. Once you begin her story, you won’t want to stop. And your faith and trust in God will grow. Kathy Collard Miller, Speaker and Author
Janet’s story is a true example of how one woman allowed God to heal her anger and then allowed Him to use her life’s experience to make a difference for others. H. Norman Wright, Psychologist, Author, Speaker
As a reporter for the Orange County Register, I have written many stories that elicited response from readers, but few have generated the kind of overwhelming outpouring as the story of what Janet Mitchell has endured and overcome. Following the release of her story, people from across the nation wanted to share their own tales of woe with Janet Mitchell—her story spoke to them. Mayrav Saar. The Orange County Register
You need to know that I’ve never represented dearer people or a worthier cause, and I am in debt for life for recruiting me. Marjorie Day, CAL-ABOTA Trial Lawyer of the Year 2002
A new law likely would not allow the (Medical) Board to investigate (Janet’s doctors) Dr. Allgood and Dr. Ulild. I am impressed that Mitchell 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. Assemblyman Bill Campbell, Author of Assembly Bill AB 2571
