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Hernia Surgery, Now Ruptured Bowel!!

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dmcmaster

Junior Member
What is the name of your state? Michigan-My mother went in for a hernia surgery on
Jan. 9 , 2008 wed and was up and around within hours and walking. By the next day jan. 10 thursday my mother was having very severe pain, unable to sit up althought her surgeon said she needed to get up and move around or he would need to move her to the nursing home due to needing the room. My mother is 66 years old. My mother told them she was in very very severe pain and was starting to have problems moving, still unable to urinate. Now it is jan. 11 friday My mother still remains in the hospital with severe pain complaining, the surgeon once again is saying he is going to move her to the nursing homes saying it may be her imagination and needs to get tough. Now jan 12 saturday and they finally decide to give her a cat scan. They find nothing but say in the morning they will make arrangements to move to Muskegon Michigan to explore the problem. Now jan. 13 Sunday and they move her to Muskegon. They give her cat scan and rush her into surgery and open her abdomen up. They find the original surgeon ruptured her bowels and didnt notice and closed her up. She now has kidney failure, massive infections, has breathing tube, tube in stomach to remove fluid, she has her bowel removed, a colostomy bag installed, some of her intestines removed and is fighting death. It has been since January 9th and my mother is still in very very bad shape, she just received a pint of blood, has an open wound and has a lung starting to fail, and has also has eating tubes. I am sure i missed alot as i cant really see my mother, just machines. I fly up after she was rushed into the exploratory surgery in Muskegon and am flying back and forth from PA to see her.
I have family there also with her. Does our family have a case against the operating Doctor and the Hospital? Just looking for advice for my mother. If she does survive, she cant afford to live with all of the medical bills as she is on medicare. Anybody have info on something like this. Thanks. Her Son.....What is the name of your state?What is the name of your state?
 


lya

Senior Member
Does this sound like it would be something worth looking into?
What type of money value do you place on this? Maybe an attorney would
place a value on the issues.
Your mother is the only one who may pursue a medical malpractice claim against the surgeon, the medical physician, the nurses, and the hospital.

If she does not have a legal representative, she needs to appoint one. There will be a patient representative at the hospital where she is now that can assist with the legal paperwork for appointing a healthcare proxy and durable power of attorney.

Another option for assisting your mother with appointing a dudrable power of attorney and a healthcare proxy is to have her attorney visit her in the hospital with the necessary paperwork.

The surgeon may not have been negligent in puncturing the bowel but appears to have been negligent in failing to investigate the cause of the change in her condition. A decrease in urine output should not have been ignored by any healthcare professional involved in her care.

As for a monetary value, it does not put you in good light to even ask about such at this time. Had you asked only if her expenses would be paid, at least that would not have made you appear to motivated by what amount would end up in your pockets.

Your mother's medical expenses will be paid by her insurance (Medicare) and by Medicaid if she qualifies; the rest will be paid from her personal funds. If she is awarded monetary compensation for the injuries she suffered as a direct result of negligence, Medicare and Medicaid will be reimbursed from the award.

Medical malpractice claims take years to reach settlement. The average time from initial visit with an attorney to conclusion of a medmal lawsuit is five years. The process is not only lengthy, but expensive, and nerve-wracking.

To best assist your mother, talk to her about the importance of hiring a medmal attorney now and appointing a representative to act on her behalf now and in the event that she dies from this or any other cause before the conclusion of her medmal claim.
 

RiotAct

Member
I have to wonder about people who seem more concerned about the 'value' you place on a medical malpractice suit. The idea behind a malpractice suit, first and foremost, is to keep the shabby surgeon away from other patients, to make sure such a thing never happens to anyone else ever again.

Then you have to determine your family member's prognosis. Will they live? How long will they live? What will their quality of life be?

Then....you determine and discuss monies.

PRIORITIES, people!
 

jax5

Junior Member
I feel so badly for your mother. What an ordeal, and at a relatively young age too. I lost my mother not long ago, and I can tell you now that money is the furthest thing from her mind and should be the furthest from yours as well. She is probably struggling to just stay alive and hoping you're there with her in some aspect. Be sure and tell her how much you love her right now, even if you think she can't hear you. Financial compensation can never ever replace those final moments.
 

dmcmaster

Junior Member
Hernia Surgery, Now Ruptured Bowels!

I feel so badly for your mother. What an ordeal, and at a relatively young age too. I lost my mother not long ago, and I can tell you now that money is the furthest thing from her mind and should be the furthest from yours as well. She is probably struggling to just stay alive and hoping you're there with her in some aspect. Be sure and tell her how much you love her right now, even if you think she can't hear you. Financial compensation can never ever replace those final moments.
Thank you for the comments. Just so EVERYBODY knows, me and my family are far from speaking to anybody about this. I was just researching the type of surgery and did hit on the fact that her Kugel Hernia Patch was actually recalled numerous times by the FDA and they also noted in March 07 to stop using it, although it still gets used. A family member told us to look into that. Also, family told me to start documenting this no matter how hard it might be at this time, so we are. I am not worried about any compensation, I have flown twice to michigan ( I am just outside Gettysburg, PA) and will go back again this weekend. My sister took a leave of absence from Belair, MD to live in a hotel there to be by her side all day and nite so we are taking care of her and there for her and only after a TON of people have started to say to get an attorney on board while this is fresh, I decided to check out these forums. We are far more concerned about her welfare and trying to recover at this time.
 

seniorjudge

Senior Member
...
I have to wonder about people who seem more concerned about the 'value' you place on a medical malpractice suit. The idea behind a malpractice suit, first and foremost, is to keep the shabby surgeon away from other patients, to make sure such a thing never happens to anyone else ever again.
...
Yeah?

Who told you that?
 

ecmst12

Senior Member
The primary purpose of a malpractice suit is to compensate the patient for whatever damages he has received as a result of negligence.
 

dmcmaster

Junior Member
Hernia Surgery, Now Ruptured Bowels!

Yes!! I agree which leads me to why I decided to write on here. Does this sound like
negligence? Also, the hernia patch used was a Kugel Mesh Patch which we just found out was supposed to be recalled due to it breaking and causing a rupture in the bowel. That being said, the family was told it was caused by the original surgeon on jan 9 doing the hernia surgery.

I am just looking into seeing if this is typical or neglect not to find the rupture from
Jan 9 2008 (wed) until Jan 13 (sun) even with a cat scan on fri, sat and then again on sunday. finally she was taken in to see what was causing the pain.
 

seniorjudge

Senior Member
Yes!! I agree which leads me to why I decided to write on here. Does this sound like
negligence? Also, the hernia patch used was a Kugel Mesh Patch which we just found out was supposed to be recalled due to it breaking and causing a rupture in the bowel. That being said, the family was told it was caused by the original surgeon on jan 9 doing the hernia surgery.

I am just looking into seeing if this is typical or neglect not to find the rupture from
Jan 9 2008 (wed) until Jan 13 (sun) even with a cat scan on fri, sat and then again on sunday. finally she was taken in to see what was causing the pain.
I am not a malpractice lawyer; you need to talk to one though.
 

xylene

Senior Member
Rupture and perforation are complications of hernia / gut surgury.

You need a med mal lawyer with expertise to assess the medical facts and help you understand if an actionable case for medical malpractice exists.

Best wishes and good luck in recovery.
 

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