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How to file a complaint

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CGreen1993

Junior Member
What is the name of your state? Texas


On Saturday, I took my 3 year old daughter to an ER for breathing difficulties and a hard distended tummy. During triage they never told me they didn't have a pediatric unit in that hospital. It wasn't until the doctors came into see her did they tell me they didn't have one.
Anyway, to make a long story short. They gave her a breathing treatment, a shot of antibiotic and asked us if we wanted to go home. They said on her x-ray her heart was enlarged. Well since they didn't seem to be worried about it, I dismissed it and agreed to go home, because we have all her breathing treatment equipment at home.
They diagnosed her with pneumonia and constipation. Told us to follow up with her pedi on Monday.

Sunday my daughters face started to swell. I called her pedi and told her about our visit to the ER and what they found on the x-ray (enlarged heart). She told me to get to the children's hospital ER NOW. I live 45 minutes away from it so we called 911. When the ambulance arrived her sats were at 79%

My daughter was in heart failure. Her prognosis wasn't good on Sunday. By the Grace of God she's home now after 6 days in the ICU and on oxygen and heart meds. All her doctors are very upset that this other ER sent her home with an enlarged heart and not sending her to the children's hospital.
If it wasn't for her face swelling I would have never known anything was wrong, because I thought she was sleeping all day because she had pneumonia. She has pulmonary hypertension with right heart failure. (things are under control for the time being)

Their negligent mistake could have cost her her life. I just received a bill from them and all be damned if I'm paying them a cent.

I need to find out how to file a formal complaint against this ER, or should I seek a lawyer?

Thanks so much
 


purple2

Member
First of all, it would be foolish to allow your credit standing to be damaged. Make a payment agreement with the hospital and make the payments. If you later decide to sue, paying now will not change that. Failure to pay now and winning a lawsuit later will not erase the damage you caused to your credit in the meantime.

I'm not saying you have a case here--wait and see what the other posters tell you.

There are many ways to file a complaint, but you shouldn't do so without further advice--if you have a case, check with a lawyer first. FYI, here's how to file a complaint:
1) Write a letter to the hospital asking for a written response to your complaint. (Some regulatory bodies will require you to do this step first. Be aware your complaint may appear less genuine because you didn't complain until you got a bill. It may be interpreted as lack of a genuine patient safety concern but rather an attempt to avoid payment.)
2) State Department of Health (Check your Patient Rights paperwork from the hospital to find the address, or use your search engine.)
3) Joint Commission on Accreditation of Healthcare Organizations (JCAHO)
 

ellencee

Senior Member
This goes back to "if there is (was) no significant damage, there is no valid claim of malpractice". There was no damage that would not otherwise have occurred.

The child, in my opinion, should have been sent to the Children's hospital from the ER. It would not have changed the outcome, though. The child has a serious illness that has already resulted in an enlarged heart and decreased cardiac output (pulmonary hypertension and right-sided heart failure). Nothing the ER did or failed to do created either of these problems/conditions.

The actions taken by the ER were appropriate, though maybe not complete. The ER physicians did ask the mother if she wanted to go home. Since the hospital did not have a children's unit, it is obvious their intent was to transfer the child if the mother did not feel comfortable taking the child home.

Also obvious is that the ER phsycians did not believe the enlarged heart was a new finding; it is an expected finding in pulmonary hypertension and right- sided heart failure.

Lesson in this--call the child's primary physician when the child develops unusual symptoms. Do not go to the ER on Saturday, using it as an off-hours clinic, but maintain this child's care under her currently treating physician(s).

Pay the bill. The ER did no damage, caused no harm, and did not cause any additional medical expenses.

EC
 

CGreen1993

Junior Member
I just wanted to clear something up. The ER on Saturday said she just had pneumonia, they said if we weren't comfortable taking her home, then they could transport her, but saw no other reason to.
We've have all the machines and stuff at home for her breathing treatments. My daughter has medical problems yes, but has never had any heart problems. When I asked what the enlarged heart meant when they saw it on the x-ray they said it was nothing, just the way the x-ray took.
Clearly it was nothing, my daughter was in heart failure and they didn't run anymore tests to find out WHY the heart was enlarged, just dismissed it.
Her stomach was distended because her liver was enlarged due to the heart failure so it was NOT constipation as they said.

I'm not the medical professional and since they didn't seem worried about the enlarged heart and were just giving her breathing treatments like we were at home we felt comfortable with that because its in our every day routine anyway. So we chose to go home. If they would have expressed ANY concern about her heart or any other problems we would have definitely been transported to the Children's hospital. But because they weren't worried, we weren't. Like I said, we aren't the medical professionals, they are.

I don't understand how a hospital could just dismiss an enlarged heart as just the way the x-ray took. My daughters heart (3yrs) was the size of an adults heart. Everyone at the Children's ER was completely shocked that they even asked if we wanted to go home. They all said we should have been immediately transported to the Children's hospital for further testing. Her doctors (pulmonolgist, GI and now cardiologist) were horrified they sent her home in heart failure. They told us that had we waited any longer on Sunday, her heart would've arrested and she wouldn't be here today.
 

rmet4nzkx

Senior Member
This is a child with chronic illness, OP makes reference to already having the breathing equipment at home. When one has chronic illness in the family it is always a good idea to have a plan for exacerbation. Knowing when to call the treating provider, knowing when to call the ER or knowing where the children's hospital is located are all important. Do you have through your insurance or provider an advice nurse? Call the ER ahead of time, inform them that the patient has a chronic illness, they may instruct you if you are unsure of what to do.
 

ellencee

Senior Member
This is a child with chronic illness, OP makes reference to already having the breathing equipment at home. When one has chronic illness in the family it is always a good idea to have a plan for exacerbation. Knowing when to call the treating provider, knowing when to call the ER or knowing where the children's hospital is located are all important. Do you have through your insurance or provider an advice nurse? Call the ER ahead of time, inform them that the patient has a chronic illness, they may instruct you if you are unsure of what to do.
Good advice and something that should have been in place before this event.

CGreen1993
A chest x-ray for a child has to be taken at a different angle than that of an adult. If not, the child's heart appears to be the size of an adult's heart. Apparently, the ER physicians recognized this for what it was.

I can not opine that the ER physicians erred in their interpretation of the x-ray. I don't have the actual x-ray films so I certainly can not state that the diagnosis was right or wrong. It is very possible that the x-ray taken in the ER is accurate and the interpretation of the x-ray is acceptable. Twenty-four hours is a substantial period over which CHF can progress expotentially.

My daughter has medical problems yes, but has never had any heart problems.
You need to speak with your child's physician and learn about pulmonary hypertension and right-sided heart failure.

Everyone at the Children's ER was completely shocked that they even asked if we wanted to go home. They all said we should have been immediately transported to the Children's hospital for further testing. Her doctors (pulmonolgist, GI and now cardiologist) were horrified they sent her home in heart failure.
Sure, they are specialists at a Children's hospital. Their opinion is not relevant to the action(s) an ER physician of the same practice as the one to which you took your daughter (at a hospital without services for children).

They told us that had we waited any longer on Sunday, her heart would've arrested and she wouldn't be here today.
Give yourself a pat on the back for being the astute parent that you are supposed to be.

I can not see where your daughter required any additional treatment on Sunday than she would have required if you had taken her to the appropriate hospital on Saturday; that translates into no significant damages and therefore no basis for a medical malpractice claim.

EC
 
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