Dr. collapsed my lung.

[ArielIrene]

What is the name of your state (only U.S. law)? Georgia


My husband had a biopsy which was to be a same-day procedure. The doctor performing the biopsy punctured his left lung, which caused him great distress as he struggled to get air in the recovery area. He was hospitalized for five days until his lung inflated.

We saw our doctor one time for 5 minutes during that whole week. We saw two other physicians we had never met before.

Upon release from the hosp., the discharge instructions ordered my husband to not return to work for 2 weeks while he recovered. My husband lost 3 weeks of work. Fortunately he had sick days to cover it. The long absence cost my husband a promotion (he was first choice in the interview line up) with a substantial increase in income. His evaluations have been Excellent across the board for 4 years in a row until this extended absence due to the collapsed lung. County protocol required his boss to give him a lower evaluation grade.

When we received a bill from the Dr.'s office for our co-pay FOR THE COLLAPSED LUNG, we sent a letter to his office asking that our debt be forgiven since the collapsed lung, hospital stay, and 24 X-rays taken that week were due to his collapsing his lung.

The bill is less than 200.00.

Instead of answering our letter or phoning us to work out another option, his office turned the matter over to a collection agency.

Can we sue?

 

[justalayman]

If they were performing a biopsy on his prostate, you have a good case. If they were performing a biopsy on his lung, not such a good case.

so, what was biopsied?

 

[ArielIrene]

He had X-rays because of upper resp. infection. X-rays showed spots that concerned PCP. The respiratory specialist we were referred to ordered a biopsy of one of the spots to make sure there was no cancer.

 

[CourtClerk]

He had X-rays because of upper resp. infection. X-rays showed spots that concerned PCP. The respiratory specialist we were referred to ordered a biopsy of one of the spots to make sure there was no cancer.

and the spot was in his LUNG...correct? Please don't leave things out. You know where JAL was trying to go.

 

[ArielIrene]

Excuse me, I need to be specific.
The spots were in his lung.

 

[ecmst12]

Ok, so this is likely a known potential risk of the procedure he had, not a sign of negligence or malpractice or that the doctor did anything wrong. EVERY surgery has risks, even minor ones.

 

[ArielIrene]

That is just what my husband and I had talked about during his hospital stay that week. We liked the Dr. We had no plans to sue. We believe that would have shown a lack of dignity and maturity on our part. Like you said, RISKS are always involved.

It was a sting to our egos when we found that collection letter. It's not dignified, you know. We pay our bills faithfully and on time. No late house pyments in 7 years.

What I didn't mention here but had written in our letter to the Dr. was that we were robbed during our first week home from the hospital, and lost our Christmas gifts (entire), our mortgage payment for the month (on counter - cash) and our son's graduation gift.

The next week, my husband's brother killed himself.

We included all of this bad news in our letter to the Dr. We needed a break somewhere from someone kind... at Christmas, right?

It's not a major crisis. We just needed a small break from somewhere while we got our act back together.

Thanks everyone for the opinions and for reading my vented frustrations.

 

[justalayman]

so, there are several types of biopsies. Based on the info you provided, I would suspect it was a simple needle biopsy. Are you positive is was a lung puncture and he didn't just develop a pneumothorax? A pneumothorax is not an uncommon result from such a biopsy and can cause the lung to collapse. Around 1 in 5 patients experience a pneumothorax. About 5 in 100 patients experience a collapsed lung due to the pneumothorax.

 

[justalayman]

That is just what my husband and I had talked about during his hospital stay that week. We liked the Dr. We had no plans to sue. We believe that would have shown a lack of dignity and maturity on our part. Like you said, RISKS are always involved.

It was a sting to our egos when we found that collection letter. It's not dignified, you know. We pay our bills faithfully and on time. No late house pyments in 7 years.

What I didn't mention here but had written in our letter to the Dr. was that we were robbed during our first week home from the hospital, and lost our Christmas gifts (entire), our mortgage payment for the month (on counter - cash) and our son's graduation gift.

The next week, my husband's brother killed himself.

We included all of this bad news in our letter to the Dr. We needed a break somewhere from someone kind... at Christmas, right?

It's not a major crisis. We just needed a small break from somewhere while we got our act back together.

Thanks everyone for the opinions and for reading my vented frustrations.

It may sound a bit insensitive of me but the doctor has bills to pay as well. I would have been upset myself considering what you went through but sometimes it comes down to business is business. As we progress as a society, it seems there is less and less compassion in any aspect of life.

 

[ArielIrene]

It was a needle biopsy; he collected a tiny piece of tissue through the needle and some fluid. He admitted he had punctured the lung. One of the doctors who spoke to us described the puncture as a small hole from the needle going too deep into the wall of his lung.

 

[justalayman]

while it is unfortunate, it can happen.

any movement by the patient during the insertion of the needle can cause an errant puncture. Where the suspect tissue was can lead to a greater chance of a problem as well.

Can we sue?

Since it is a known complication, unless you can point to actual negligence on the doctors part, suing would not likely result in you prevailing. Proving negligence when what happened is a known complication would be very difficult.

 

[ArielIrene]

Thanks. It was the least of our dilemmas/tragedies that month.

Since I get a chance for some sympathy, I'll add that in that same month, my husband's mother was diagnosed with small cell carcinoma and given a few months to live.

I hope I never drop the ball if a person in a crisis asks for my help. If I do, I'll kick myself.

 

[justalayman]

Sorry to hear of the continued bad news. Hopefully this means you are safe from anything bad happening for about the next 12 years. You have obviously had your share for a long while.

 

[ArielIrene]

Thank you again.
Hey, lawyers do care!

 

[Proserpina]

Thank you again.
Hey, lawyers do care!

Oh....wow.