What is the name of your state (only U.S. law)? FLORIDA
MEDICAL NEGLECT/MALPRACTICE QUESTION
I am a work comp person and I had disc fusion surgery in January and immediately after waking up and trasnfered to my room about 6:30 p.m., the pain was out of control. The nurses paged my surgeon for 5 hours, he would not return their calls. The dr. would not increase my meds and only gave me a muscle relaxer when he finally called back 5 hours later. I was awake and in in humane amount of pain (30 on a scale of 1-10) until 4:30p.m. the next day when the surgeon finally showed up to check on me. Then he finally gave me pain meds, which still never controlled my pain. . I was never assigned a hospital "medical" Dr. to my case, just the surgeon who didn't care about me or my pain control. I would see him every other day. I wanted to donate blood but he said no. Day 2 after surgery I had to have a blood transfusion, which really upset me since I wanted to donate my own blood ahead of time but was told NO.
Day 5 I was transfered to a nursing facility because I was not well enough to go home. The nursing facility didn't have my meds in stock and had to call the local pharmacy to deliver. At 11:30 p.m. those meds still were not delivered. I went 5 hours past the time I was supposed to have my meds. I had to call 911 because the nursing home wouldn't help me. The EMT's came and said it was a good thing I called them because the nursing home never had me registered in their system. I WAS THERE FOR 5 HOURS. It's a good thing I remembered my room number. They also falsified my medical records and said them gave me my meds, which is a lie because they didn't have them on premise!
I was taken back to the hospital where I had my surgery, but was in the ER. The ER dr. called my surgeon and the surgeon took 5 HOURS to call him back! The ER administered so much pain meds, but nothing got my pain under control, that's how bad of shape I was in. I was in the ER for 13 hours. The surgeon wanted me to go back to the nursing home and I refused, I told him "over my dead body". Next thing I know I was being "Baker Acted" which means that I threated to kill myself and the state steps in and forces you to be hospitalized under "suicide watch" for 72 hours. ???? I don't get it, it was an expression to let them know that there was just no way I was going back to that nursing home who put me in the ER for 13 hours.
I was re-admited to the same floor I was originally on, but had a suicide ""baby sittter" watching my every more for 48 hours until the shrink came and realized nothing was wrong with me.
Finally after being re-admitted is when I got a hospital medical dr. who got my pain under control within about 4 hours! The surgeon NEVER had my pain under control the 5 days I was in his care.
After being released from the hospital, 7 weeks later a staph infection opened my incision. I actually remember in the hospital that particular area being really painful but the nurses dismissed it as just a tender area. Well that's exactly where the infection blew a hole through my incision. Was on antibiotics for 9 weeks.
I fired my surgeon because he has been nothing but mean, screams at me, completely neglected my care in the hospital and VIOLIATED MY PATIENT'S RIGHTS. I have discovered he has had 6 lawsuits againsit, the newest one was in February, 2008. Because of being Work Comp, I was not allowed to get a 2nd opinion, but how since exercised my right to have a one-time change of Dr.
I had 2 herniated disc from the injury, but the surgeon only fixed one disc. Now all the original sysmptoms are coming back and my PCP feels it's from the disc level above which the surgeon NEVER FIXED. My PCP asked the surgeon why the surgeon didn't fix the other herniated disc, the surgeon said "it was a judgemen callt". WELL GUESS WHAT, HE MADE THE WRONG CALL!
My PCP feels now that if I don't have a 2nd operation that I will be disabled the rest of my LIFE!
So my question is do I have a neglect / malpractice against the surgeon, hospital, nursing home? Also specifically with the surgeon because of the way I was treated at the hospital and because he didn't fix the other disc that was clearly herniated? In my opinion this surgeon shouldn't be in practice any longer. As a matter of fact the State of Florida has forced him to go back to school for Continuing Education classes because of his latest lawsuit.
PLEASE, I DESEPERATE NEED HELP. Thanks Pebbles