post opt surgery staph infection

[mamaba24]

What is the name of your state (only U.S. law)? New York : I recently on April 15,went in for my second surgery on back for a fusion on L4 and L5. I was in hospital for about 3 days. Came home Sunday and was pretty much sick all week, then by Saturday the 24th, I started leaking again,my back swelled up alot and split open in two places, I had doctors appt the 27th so i waited till then to tell doctor.When he saw it he admitted me back in hospital and called an infectious specialist.So Dr M came in an inspected incision and when he pulled off bandage he saw puss. Next day Dr Q opened up the incision to see how far infection when. I guess it made it all the down to hardware,so he cleaned it out and used stitches this time ( glued first time ), I was in hospital again for 3 days and am home now with a PICC line in my arm for 8 to 12 weeks. My question is do i have any recourse legally for this. My doctor all but admitted something could have got contaminated in OR. I am not a diabetic. Having this PICC line in is no picnic and its only been a couple of days. Should i call a lawyer

 

[ecmst12]

Infection is a known risk of ALL surgeries. Unless you have evidence that proper procedures were not followed at some point and that led to the infection, you would not have any legal recourse.

I can not fathom why when your back was SPLIT OPEN and OOZING PUS, you decided it would be ok to wait 3 days before seeking medical attention. That is probably the biggest contribution to your current condition. You are lucky you are still alive, those 3 days definitely could have killed you!

 

[mamaba24]

I realize that something like this is hard to prove, but it had to happen somewhere and the OR is the logical point of infection, seeing how i was fine till the second surgery till i was home sick from all drugs giving to me in hospital. i did nothing from the time i left hospital till i went to doctors the 27th. when it started leaking it was just clear liquid till the day admitted back in hospital. that was the first sign of puss that the infectious Dr saw. so to me it had to have come from the second surgery in the OR room. I'm just not sure what to do, I'm not the suing kind but what i'm going thru wasnt supposed to happen either. i will appreciate any info i can get thank you

 

[ecmst12]

Focus your energy on getting better and next time contact your doctor at the first sign of complications.

 

[lealea1005]

What is the name of your state (only U.S. law)? New York : ....then by Saturday the 24th, I started leaking again,my back swelled up alot and split open in two places, I had doctors appt the 27th so i waited till then to tell doctor.

Why, oh why, did you wait 3 days before reporting that your incision was opened in two spots???

When he saw it he admitted me back in hospital and called an infectious specialist.

Appropriate.

My doctor all but admitted something could have got contaminated in OR.

I'll bet he used the example of contamination in the OR as one of several things that could have happened.

Should i call a lawyer

As ecmst already stated, infection is a well known side effect with ANY surgery. As the patient, you have a responsibility to report abnormal drainage, incision opening, fever, etc. to your surgeon asap.

Just curious...how long was it between surgeries?

 

[wyett717]

Nosocomial infections are extremely common, and can occur for a multitude of reasons. Surgeons take every precaution to avoid infections, but there is surely no way to prevent them entirely.

You signed a consent form that stated the risks of surgery, and infection would've been included in the consent. Upon discharge, your doctor or nurse would have explained the signs of infection to watch out for, and they also told you to call or be seen if any of these signs appear. You were neglectful of your own health. I hope you fully recover from this potentially very serious issue.

 

[barry1817]

infection

What is the name of your state (only U.S. law)? New York : I recently on April 15,went in for my second surgery on back for a fusion on L4 and L5. I was in hospital for about 3 days. Came home Sunday and was pretty much sick all week, then by Saturday the 24th, I started leaking again,my back swelled up alot and split open in two places, I had doctors appt the 27th so i waited till then to tell doctor.When he saw it he admitted me back in hospital and called an infectious specialist.So Dr M came in an inspected incision and when he pulled off bandage he saw puss. Next day Dr Q opened up the incision to see how far infection when. I guess it made it all the down to hardware,so he cleaned it out and used stitches this time ( glued first time ), I was in hospital again for 3 days and am home now with a PICC line in my arm for 8 to 12 weeks. My question is do i have any recourse legally for this. My doctor all but admitted something could have got contaminated in OR. I am not a diabetic. Having this PICC line in is no picnic and its only been a couple of days. Should i call a lawyer

While the risk of infection was probably part of the informed consent, if you feel something was done wrong, or not to code, and you could prove that happened, then you would have a case to make.

But the burden of proof would be on you to prove that the hospital/doctors did not follow the standards for infection control. If that is proved, then you win, if not it is an unfortunate side effect to a surgery.

 

[Betty]

Re your question should you see a lawyer - you certainly can talk to a lawyer but based just on your post, it's very doubtful you have a case.

I wish you a speedy recovery.