Dr. Exposed nurse to patients blood by throwing a needle during surgery. What are her

[Olliecm]

What is the name of your state (only U.S. law)? Virginia. My wife works at a local hospital. While assisting a Dr. With a c section, she was asked to hand the Dr. A loaded soucher kit. After doing this the Dr. Became upset and said it was the wrong one. She then threw the soucher kit with the needle back toward my wife. The needle stuck into my wife's finger after passing through the bloody gloves my wife was wearing. An exposure plans was done and this incident was reported. What areally her legal options?

 

[CTU]

What is the name of your state (only U.S. law)? Virginia. My wife works at a local hospital. While assisting a Dr. With a c section, she was asked to hand the Dr. A loaded soucher kit. After doing this the Dr. Became upset and said it was the wrong one. She then threw the soucher kit with the needle back toward my wife. The needle stuck into my wife's finger after passing through the bloody gloves my wife was wearing. An exposure plans was done and this incident was reported. What areally her legal options?

Has she been damaged?

 

[Olliecm]

Has she been damaged?

She has been exposed to the patients' blood. Yes she has been damaged. She can contract HIV, Hepatitis, and any number of diseases due to this. She will have to be tested for the next ten years due to this exposure that was cause by the M.D. throwing a temporary tantrum in the OR. This morning she spent two hours in the Emergency Room following the incident.

 

[quincy]

Please stop starting new threads, Olliecm. Only one thread is needed and the rest will be removed.

If you wish to add comments or respond to questions asked of you, use this thread. Thank you.

 

[Olliecm]

Please stop starting new threads, Olliecm. Only one thread is needed and the rest will be removed.

If you wish to add comments or respond to questions asked of you, use this thread. Thank you.

I didn't know what category to ask my question in. Doespecially she have any legal claim? Would this be a criminal act? Would the M.D.'so malpractice insurance cover this negligence even though my wife was not a patient? What are her options?

 

[Gail in Georgia]

Your wife will not need to be tested "for the next 10 years" due to this incident. At the most it's six month testing.

Was the patient even infected with HIV or hepatitis? Typically with accidental needle sticks to hospital employees the policy is to request that the patient undergo testing for these infectious diseases.

Gail

 

[Zigner]

I didn't know what category to ask my question in. Doespecially she have any legal claim? Would this be a criminal act? Would the M.D.'so malpractice insurance cover this negligence even though my wife was not a patient? What are her options?

At best, I would say that this is a work comp claim for the testing, etc.

 

[Olliecm]

Your wife will not need to be tested "for the next 10 years" due to this incident. At the most it's six month testing.

Was the patient even infected with HIV or hepatitis? Typically with accidental needle sticks to hospital employees the policy is to request that the patient undergo testing for these infectious diseases.

Gail

They did a full panel on the patient and my wife and I am sure they will follow up with the results, but the needle was thrown at her out of anger by the M.D.

 

[Olliecm]

At best, I would say that this is a work comp claim for the testing, etc.

Even when the needle was thrown at her out of anger?

 

[Zigner]

Or maybe the doctor was trying to make sure that your wife's (perceived) screw-up didn't affect the operation by removing the offending items from the operating theater. In other words, maybe she threw it and accidentally hit your wife.

I suppose you could report this to the police, but I really wouldn't expect it to go anywhere (except, of course, to negatively affect your wife's reputation.)

 

[Olliecm]

Or maybe the doctor was trying to make sure that your wife's (perceived) screw-up didn't affect the operation by removing the offending items from the operating theater. In other words, maybe she threw it and accidentally hit your wife.

I suppose you could report this to the police, but I really wouldn't expect it to go anywhere (except, of course, to negatively affect your wife's reputation.)

So it would negatively effect my wife's reputation because the Doctor threw a fit and stuck her with a contaminated needle? Accidentally hit her? Since when is it ok to throw things like that during a surgery. But to clarify my wife's screw up. She asked the Doctor prior to handing it to her if that was what she wanted. The Doctor said yes. And then when it was handed to her she threw it at my wife sticking her.

 

[CTU]

So it would negatively effect my wife's reputation because the Doctor threw a fit and stuck her with a contaminated needle? Accidentally hit her? Since when is it ok to throw things like that during a surgery. But to clarify my wife's screw up. She asked the Doctor prior to handing it to her if that was what she wanted. The Doctor said yes. And then when it was handed to her she threw it at my wife sticking her.

We're clearly not telling you what you want to hear. I suggest your wife contacts an attorney to guide her further.

 

[Zigner]

So it would negatively effect my wife's reputation because the Doctor...

It could negatively affect her because she's a wavemaker over what may be perceived as a relatively minor incident that she likely precipitated.

But, as CTU pointed out, we're not telling you what you want to hear. Sorry.

 

[LdiJ]

It could negatively affect her because she's a wavemaker over what may be perceived as a relatively minor incident that she likely precipitated.

But, as CTU pointed out, we're not telling you what you want to hear. Sorry.

I am guessing that what he/she did would be a serious breach of hospital protocol. Therefore there is likely to at least be some hand slapping going on behind the scenes.

OP, your wife cannot sue because she does not yet have any damages unless she is being made to pay out of pocket for any of the testing. If she catches something from the blood contact THEN she would have grounds.

 

[Olliecm]

It has never been about what I want to hear it is a simple matter of right and wrong. The fact that there should be some recourse for an intentional wrong that was committed by a so called professional who knows better. If she was on the street and an IV drug user threw a needle and stuck her that individual would be arrested. Probably for a felony assault. But when a Doctor does it in an Operating room in front of witnesses, my wife is causing problems if she says anything. The potential risks to my wife are the same in both cases. The only difference is the M.D. attached to one perpetrators name.