Malpractice?

Michigan
I had a tubal ligation done in the late 70's. A lavh/bso in April/03.
I have since been diagnosed with Pudendal Nerve Entrapment and recently had to undergo another surgery for that.
Since the hysterectomy, I have an insensate bladder. (no feelings). My pain levels are off the scale on some days.
How would one find out, if they were in one position for too long during a surgery? Also, there is the possibilty that one of the trocars were put on the nerve?
Another question that I have is,
Is it mandatory to have an assistant surgeon in the O.R. during a hysterectomy? If so, where on the surgical records would it show it? I have my records and nowhere is it noted. Just the name of the LPN tech.
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kmd

Mi.
The surgery was suppose to last 2 hours, and mine was 4 1/2 hours long.
I have all of my records from the hospital, and there is not any indication, of how long I was in the same position. It does say position moved, but does not indicate how long I was the same way.
When I got my records from the hospital, I assumed, I got all of them.( I asked for everything, and paid for them) The operational report itself is there, but nothing from anybody else??

kmd
You are getting dangerously close to the time when no attorney will agree to investigate your claim or represent you in a medmal claim. Michigan has a two year statute of limitations in which to file a Notice of Claim. If you met with an attorney tomorrow, you would only be giving the attorney six months in which to do an investigation, locate and obtain the opinion of an expert, and get your claim filed. You need to meet with an attorney ASAP.

HIPAA has provided the healthcare industry with a way to withhold medical records and medical information from patients and attorneys. No longer does a simple request for "all medical records" result in a complete set of medical records being provided. HIPAA provides that the release of records can be limited to, and in most instances should be limited to, a "need to know basis". Therefore, if you request your records from your surgery, you may only receive the surgeon's summary, not the step by step records maintained during the surgery or any additional records from your hospital stay. If you want all of the records pertaining to your surgery, you must ask for all medical records from the hospital admission on X date through the hospital discharge on X+ date, including all nurses notes, physician's notes, flow sheets, medication related documents, all records related to surgical procedures including those from the nurses, anesthesist, surgeon and/or surgeon's assistant, recovery room, etc.--understand? You and/or your attorney must cover every piece of paper you think may have been used to document your hospital stay. Be sure to ask for any voice recording of the surgery or any video-tape of the surgery. (Many surgeries are video-taped and most patients do not know it is part of the hospital's standard procedures.)

From my research on your post-op physical conditions, you may have suffered some of the more serious and life-impacting known risks of surgery. That does not mean that you were not damaged from an act(s) of negligence. You must get this to an attorney and gain legal counsel and a medical expert's review of your surgery and post-op complications/care.

Best wishes,
EC
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from previous posts

No I have not contacted an attorney. I have been in so much pain, and with the other surgery that I had to go through, just have not had the...

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What is the name of your state? Mi.
Hi
In April of 03, I had a lavh/bso.(For fibroids) I developed and infection. antibiotics Within 5-10 days I started urinating approx. 20-40 times a day. Shortly after that incontinence set in and I am now 95% totally incontinent. I have developed numerous uti's and yeast infections since the surgery also. I am also constipated, but originaly attributed that to the pain meds that I was on. I am on ibuproven 800's and am still having trouble in that area. Have been prescribed a laxative for that problem. I have been to see an urologist and had a cystscopy done and he told me that I had "long term nerve damage" (not put in his records.) I was referred to a neurologist and he also told me that it is nerve damage, but, "could not say that the surgery caused it! Prior to the surgery I had no trouble in any way shape or form in either of those areas. I am unable to work because of the incontinence and lower back pain. Does anyone think that I have a malpractice case?? Disability?
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kmd

08-16-2003, 06:07 AM
kmd
Junior Member Join Date: Aug 2003
Location: Mi
Posts: 7

I have since read/heard that during a lavh that if adhesions are found that the surgeon should stop the lavh and do an abdominal surgery. Is this true? I have possible pudendal nerve damage.
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kmd
I sent you some information via private messaging on this site. Please check your private messages.
EC

Thank you so much.
I sent you an e-mail.
kmd

You need a copy of the anesthesia record. That will document all the participating surgeons, positioning, etc. It is a relatively minor surgery and usually only one surgeon is there.
You have waited too long to start thinking about suits. Anyway, it appears it was a case of good job, bad result. This will not give you any comfort, but I do not think you would have had a viable lawsuit even if you had filed long ago. Not enough potential money for the attorney and too difficult to prove malpractice.