Compression Hose Negligence

[vaqua]

What is the name of your state (only U.S. law)? California
During the birth of our 2nd child in Torrance California, I was told that I would have to wear these Compression Hose upon check-in but was not given clear details (that it was to prevent blood cloths as I will not be mobile for several days) but rather a new hospital policy/procedure which I agreed as this was the hospital that I gave birth for my 1st child just 2 year ago and the service was impeccable but there was no compression hose procedures at that time.
Upon check-in 2 nurses proceeded to insert them on my legs where they struggled at least 25 minutes during which I told them that they were way too tight and they did not feel right, they both told me that this was a new procedure and it should be fine after they settle in on my legs. After 30 minutes they were too tired to continue and told me that once they pass the knee and reach lower thigh that they should be OK for the circulation preventing blood cloths and did not continue to FULLY place them all the way on my legs!!!! .
Right about this point I was given the necessary medication to get me ready for the delivery. After recovery (about 3 hours), my legs started to itch and hurt and I have mentioned it to several of the nurses where all of them has told me that this was normal reaction.

I have continued to express my concern about the fit of the hose/socks and complained everyday during our 3 night stay but no action was taken as I sincerely believe the staff were not prepared hence had no idea what to do and taking them off might have been (to my belief) against the procedures or the instructions they have received.

Finally the last day (June 22nd, 2008) prior to my discharge they were taken off and the nurse was actually surprised on the scars (almost like dead skin with blood marks) I had on my thighs and she reluctantly told me that they would go away in couple of days!

Well it has been more than 2 months and I still have the scars (they are lighter in color) on my legs and afraid that they might be permanent, will go to dermatologist to get prognosis and necessary treatment to eliminate these scars. But I can not wear a skirt nor swim suit and go out in public (in the middle of this hot summer days) as it is quite embarrassing!
I filed an official Grievance report with my Insurance Company and am considering taking legal action against the hospital for MedMal. Any advice?
Thanks for your time reading the long story and advice

 

[lya]

If you are a model and your legs are your income, and you lost earnings due to not being able to show your legs, then by all means, seek to file a lawsuit. If, however, you are not a model, file a complaint with the state's board of nursing and name names.

Nurses who have no better sense than to wrestle compression hose onto a patient and quit before the job is done deserve to be investigated for competency, just as do the incompetent nurses who failed to remove the hose at least one time a day in order to a) check the skin and extremity under the hose, and b) allow a period of normal lymph and blood circulation.

I don't see a viable medmal claim, just indication of a hospital that placed the burden of implementing a policy onto a nursing staff with too little time for patients, much less for educating and validating for competency in new procedures.

If you aren't allergic, use some Scar removal creme sold OTC at your local WalMart, CVS, etc. It should help the fading process. You may be successful with daily exfoliating and moisturizing.

 

[xylene]

If you are a model and your legs are your income, and you lost earnings due to not being able to show your legs, then by all means, seek to file a lawsuit. If, however, you are not a model, file a complaint with the state's board of nursing and name names.

Permanent scarring is actionable even if the poster is not a leg model.

 

[ecmst12]

Yes but if it's not in a highly visible area, the damages will not be sufficent to justify the cost of litigation.

 

[lya]

Yes but if it's not in a highly visible area, the damages will not be sufficent to justify the cost of litigation.

Exactly; and, do you realize just how closely you have to look at someone's thighs to see discoloration?

 

[lya]

Permanent scarring is actionable even if the poster is not a leg model.

The poster isn't describing scarring that is disfiguring or distracting from her natural beauty, simply a healing scar that is presently lighter in color than the "normal" skin.

Permanent scarring is too broad and too vague of a term to have any meaning as applies to damages.

 

[ecmst12]

Though, I think the hospital should pay for any treatment needed to reduce the scars.

 

[lya]

Though, I think the hospital should pay for any treatment needed to reduce the scars.

Like what? They are skin deep, upper layers of the skin. She should have stayed out of the sun until the skin healed. These are simple little areas that will resolve.

 

[ecmst12]

I think you're misreading, she said the scars are lighter then they WERE, not just lighter then the rest of the skin. I think they are still darker, and the texture might be different (she hasn't said).

 

[lya]

She stated they were like dead skin with blood marks. I've seen this type of "scar", which is really not a scar at all but a place where old skin needs to slough off and new skin needs to grow, which will make a lighter area of skin until it ages.

I may be wrong; don't think I am.

 

[vaqua]

Thanks for your detailed responses as it gives me a good direction. Just to clarify, the scars even though slightly lighter then they were during hospital discharge they are still darker than the rest of my skin and are very visible (you do not need to look close as they are very visible even from 15 feet away!!!). I did not go or rather exposed the back of my legs under the sun! I hope they will be able to resolve as you have suggested Lya. I hope it does not happen to anyone but it is pretty bad and it prevents me from wearing swim suit and skirts to go out. I am not a leg model and do not have income from my legs but do care about my health, appearance and enjoy going out with friends and family for food and socializing and the situation that I am in prevents me from doing this comfortably! Not looking for making a quick buck by filing a lawsuit/claim as I have never done so in my life but paying all this money to insurance and the hospital I would expect a much better service then I got 2 months ago (total bill from Hospital to Ins was $21K can you believe it and my portion was $1800 for 3 nights) but feel like there was major negligence that resulted into the situation that I am in right now and I am not quite convinced that they will go away using off the shelf ointments. Thanks again for all your feedback.

 

[ariastar]

OP, if it makes you feel any better, I once fell at work and landed arm-first on a piece of metal. Cut to the bone. Anyway, after about a year, the scar faded to the point that it's barely noticeable. My fiancé never noticed it until I asked if I ever told him how it happened.

I know it sucks right now to be dealing with marks, but it can take several months for scars to fade. If the skin isn't disfigured, then the marks are likely to be literally just skin deep, and will probably fade. Get some Mederma to help with it, and keep all receipts.

The nurses were negligent. After three days your legs were never given a break, and hey didn't seem to know how to put them on. Any part of the body that is covered or bandaged must be checked at least daily, and this was not done.

I doubt what you could hope to recover would be enough to pay an attorney and, without extreme damages, finding one willing to work on contingency isn't too likely. But keep the receipts for what you pay and speak with a director at the hospital (nicely) and you may be reimbursed for what you spend.

And definitely report them to the board of nursing. My mom's been one for over 20 year and said that complaints are taken VERY seriously (she's never had a complaint, but knows others who have).