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Do you have to sue a hospital to request compensation?

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Susieq123

Junior Member
What is the name of your state (only U.S. law)? CA
I’ll try to make this brief... We live in northern CA... Husband is a commercial truck driver with no health problems. June 26- was heading to a stop in WA when he started to experience discomfort in his chest. Arrived at his destination, continued to feel increasing discomfort – ambulance called- assumption was a heart attack. I called hospital ahead of his arrival with insurance & PCP info from down here.

ER doctor was a locum. They did every possible test related to cardiac care including cardiac cath/angiogram. But pain level was still increasing – husband was becoming delirious - not sure where he was, could not communicate in a meaningful manner and continued to decompensate as time went on. (at one point they had a priest come to try to offer support and he believed he was dead and in hell). After nearly 24 hours in the hospital, he was told he was discharged. I happened to call at that time and believed he was hallucinating; however, spoke to the nurse to make sure he wasn’t going to try to leave. She verified that the doctor had signed the discharge papers and she had called a cab. The doctor had not communicated with me though husband wasn’t coherent, had no contacts there, nowhere to go. She said it was not their problem. I asked for a patient care advocate - was told they did not have one. I demanded to speak to the doctor.

When the Dr called back he stated that there was nothing wrong with my husband. He said, ‘Your husband is nothing more than a narcotic seeking drug addict’ (as an aside, if I ever start a band – THAT will be its name!!) After a heated discussion in which it was made clear that was not even possible, he backed down but followed if it wasn’t drugs, then a complete mental breakdown and should be in a psychiatric facility. Assessment was nothing wrong with his heart & pain was non-existent. Though he agreed that he was not coherent, could not care for himself, and needed more care. When told if he was discharged there would be a lawsuit, he relented and gave me 12 hours to find an alternative (psychiatric) placement facility.

Several hours later the night nurse called and asked me to talk to the doctor who had just come on duty. This doctor ordered further tests. The next afternoon he was diagnosed with bacterial pneumonia (staph/mssa) and severe pleurisy. Antibiotics and steroids began by early evening. New doctor related that had he been released in his condition, without treatment and no monitoring, it was likely that he would have ‘experienced the most negative and extreme of outcomes’. (I love medical obfuscation!)

36 hours later, he became seriously septic with a secondary, unrelated staph infection (per their ID specialist, secondary infection was attributed to delay/lack of aggressive treatment of presenting MSSA initially which allowed opportunistic secondary staph to come on board). He was hospitalized for two weeks and when released was on a PICC line with 24 hour pump until a few days ago. The hospital has yet to provide, though requested in writing by all treating physicians and ourselves, the full medical record of his stay –have only sent to me 96 pgs of what they say is 700 pgs. (did get doctor’s full name though!), and the doctors here have pointed out the major errors from his initial admit (ie: overlooking obvious red flags in his bloodwork & x-rays, etc.) All said, he will recover, but will have permanent scars. The hospital in Washington is putting the case to peer committee and agree the initial treatment was abhorrent, if just in attitude alone. We know this is not a huge malpractice case and have no desire to get involved in a lawsuit from 800 miles away, but is it acceptable, or even worthwhile, for us – as laypeople - to draft a letter ourselves put forth a demand for some form of compensation for their errors, his pain and suffering, the loss of work for him, my loss of work income, associated expenses, and the fact that I am now caretaking my husband?
 



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