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Abizarre post-post-operative complication is it still actionable?

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tarheel

Guest
I live in North Carolina. The malpractice occurred in Pennsylvania.

On June 25th, 1998, my husband was admitted for liver transplant surgery.A medical release was signed.

The surgery was successful in that he is still alive with that transplant.

Five days after admission to post-surgical intensive care he suffered a massive right hemorrhagic stroke. That was due to an unperceived aneurysm.

My husband had complained about chronic headaches and these were observed and noted by all staff and treated with medication. Unfortunately no scan was done even after three days of headaches. Several scans were performed on his belly but none for his head. Thankfully neurosurgeons were able to stop the cranial bleeding and he survived.

Sixty-five days later he was released.

During this event I remained close by his side and was able to observe and communicate with all of his doctors and nurses.

The apparent reason for stroke was a sudden rise in blood pressure due to the admission and dosage of an immunosuppressant. This rise was observed by nurses but not reported immediately to the attending physician or the transplant surgeons.. It was explained that this was normal, by the nurses. Immediately prior to this event I husband had completed approximately 45 minutes of physical therapy intended to obtain his release. While his therapist and did not know of his blood pressure status, nor the fact that he was not producing a normal range of platelets. That was also explained by the medical staff as normal for a post transplant patient.

The low platlet count was reported but there were apparently insufficient supply locally to obtain any. Ironically, platelets were delivered to neurosurgeons during surgery. The surgery occurred less than five minutes between the end of physical therapy and the stroke.

The transplant surgeons complained aloud to the staff about why he had not been told about the blood pressure rise. This was the only overt display by any of the staff that they had neglected some aspect of my husband's's care.

My husband was eventually released, and after the first three months in postoperative care at home he developed a neuropathic event in his left foot. Initially this was explained to be normal for the first few months after the stroke. . It also soon became apparent that he could not see to the left or above in either of his eyes. His balance has never been recovered and and he must walk with a Dutch crutch or the moved in a wheelchair. He wears slippers and cannot wear trousers
Unfortunately, the pain not only spread but is now a constant and persistent burning sensation throughout his entire left side. Neurologists have described this as thalamic syndrome. It is a rare condition but it is dreadfully painful and debilitating..

My husband is housebound unable to work, go outside, drive or maintain any kind of quality without heavy and rarely effective sedation, the psychological trauma is indescribable.

This condition is going to be the same or worse for the rest of his life. He cannot see left in either of his eyes nor above in any direction.

I want to know if at four years out of the surgery can a malpractice complain can still be filed and any kind of legal notice given to the hospital?

At first, even after the stroke we were grateful that he was alive. We could not imagine what the ensuing years would bring as postoperative complications over the stroke began to appear. It's almost like the stroke is a kernel of popcorn that pops up as time under heat goes by, but you never really know when it will pop, so to speak. Is it too late to bring some kind of action against the doctors, hospital or other physicians contracted to the hospital?

I know this is quite an unusual scenario but it happened and we are not happy with the result. It might have been more humane to just abandon the transplant... is it too late to obtain a settlement have a settlement for pain and suffering that occurred this many years after post-operative recovery?
 


vrzirn

Senior Member
As I am sure you are aware, the SOL has expired.
The services rendered by the physicians do not come with insurance. Reasonable care and competence are all that is required. Not perfection. Negative consequences resulting from an error in judgement are not mal-practice as long as reasonable care and skill are provided.
I realize your husband is in terrible pain. Control of that pain is difficult to achieve since it arises deep within the brain. There is a wonderful support group you might wish to explore.
[email protected]
Good luck
 
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David.v.Goliath

Guest
SOL

i do not agree with vrzirn, in that most medical malpractice claims NEVER run from the time of the injury. Patients cannot self diagnose their own injury caused by a doctor. File a law suit and challange the discovery rule in that state. Penn may have a 3 year statute, which could be tolled if you did not know that malpractice had occured. Secondly, a mistake in judgement that results in injury to the patient is Malpractice. Sounds like you have a very good case if you can get in under the discovery rule.
 
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tarheel

Guest
Re: SOL

David.v.Goliath said:
i do not agree with vrzirn, in that most medical malpractice claims NEVER run from the time of the injury. Patients cannot self diagnose their own injury caused by a doctor. File a law suit and challange the discovery rule in that state. Penn may have a 3 year statute, which could be tolled if you did not know that malpractice had occured. Secondly, a mistake in judgement that results in injury to the patient is Malpractice. Sounds like you have a very good case if you can get in under the discovery rule.
 
T

tarheel

Guest
vrzirn said:
As I am sure you are aware, the SOL has expired.
The services rendered by the physicians do not come with insurance. Reasonable care and competence are all that is required. Not perfection. Negative consequences resulting from an error in judgement are not mal-practice as long as reasonable care and skill are provided.
I realize your husband is in terrible pain. Control of that pain is difficult to achieve since it arises deep within the brain. There is a wonderful support group you might wish to explore.
[email protected]
Good luck
 
T

tarheel

Guest
Re: SOL

David.v.Goliath said:
i do not agree with vrzirn, in that most medical malpractice claims NEVER run from the time of the injury. Patients cannot self diagnose their own injury caused by a doctor. File a law suit and challange the discovery rule in that state. Penn may have a 3 year statute, which could be tolled if you did not know that malpractice had occured. Secondly, a mistake in judgement that results in injury to the patient is Malpractice. Sounds like you have a very good case if you can get in under the discovery rule.
 
T

tarheel

Guest
Re: Re: SOL

[Thank you so much for your kind replies. You have opened up many new avenues of thought for family to consider.
 
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David.v.Goliath

Guest
SOL.......the truth

here is the latest case law from the supreme court in my state. this case law is in excitement is identical (in law) to mine. in fact, i believe that the appeals court is drafting my decision using this case law. that is why i believe it is taking so long to get my opinion. i checked the docket with the oninions released so far and everybody has got their opinions but me? anyway read this if you want the REAL TRUTH about tolling of prescription.

http://wwwlasc.org/opinions/2002/01C2707.opn.pdf

this case law law came out only 2 weeks after my oral arguement. the defendents in my case urged the district court to find that prescription had begin to run because my pain was worsening after surgery and the judge said it was enough to excite. we'll see about that!

good reading my friends and foes.
 

vrzirn

Senior Member
Sorry, tarheel. Your SOL has expired. Even if it had not, you do not have a case in which you would prevail.
The first lawyer you speak to will tell you this same information.
 

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