Broken Back

[futuredust]

What is the name of your state (only U.S. law)? AR

My fiance was injured at work this morning (7am), farming accident. When the ambulance got there he told the EMT's he believed he broke his back. They followed the normal routine, back board, neck brace and everything. They took him to the closest hospital, because his leg was swelling quickly and appeared to be broken as well.

At the hospital, they did a CT scan as well as xrays to determine the damage. When I made it to the hospital the doctor came to me and said that his tibia was broken but it was a split break, and he would be transferred to another hospital for the surgery (it is going to be pinned). They were waiting on the CT scan before making arrangements to transport, to see if his back was broken.

Another patient was then brought in via ambulance who began to code.. the doctor came into our room and said that he just got the results from CT- his spine was compressed but there was no break at all and he would be with him as soon as he could, due to the man coding across the hall.

After about an hour the nurse came in to finally give him more pain meds, he was screaming in agony at this point and said that the ambulance was on its way to transport to the next ER. Another 20 minutes and the ambulance was there, they removed him from the back board and bed, then loaded him up for the long and bumpy ride through the country to the next hospital 50 miles away.

When we get to the other hospital the orthopedic surgeon came in and looked at the CT scan and x-ray copies( previous hospital would not send originals) and said his back looked broken to him; reordered all x-rays and CT there.

His back is in fact broken, as well as the leg. He is now on ice and a morphine pump. The swelling is too bad to operate and the orthopedic said about an hour ago (11pm) he had to wait through the night to see how the back break is going before he will touch the leg. Both the back and leg are very swollen, and there is really no way he is going to be painless with the current breaks. They are trying to keep him comfortable, but the nurse and doctor said he is not going to be out of pain until they can mend the breaks.

Would it be advisable to try and get the copies of the first hospitals CT and x-rays?.. I was told that he should never have been transported in the manner he was with his back broken. At the very least he should have been left on the back board, because his back was in fact broken. And that he probably should have been flown. If the break is in fact obvious on the first CT- should we be looking into an attorney?

 

[justalayman]

before you get all fired up thinking about suing, you will have to determine if there were any damages caused by the first hospital and doctors actions. If there were none, there is nothing to sue for.

If there were damages caused, then you are welcome to speak with an attorney. It is a bit early in the game to try to figure out what, if any, long term damages there are and that is what is needed to attempt to make some determination of quantifying the damages, in terms of money.

It wouldn't hurt to get copies of the x-rays.

and since this just happened, you really need to support your fiance right now and not be so damned concerned with how much money you might be able to get out of this.

This is one of the big reasons our medical society is the way it is. Yes, something might have been damaged but at this point, you do not have any way of making that determination but damn the torpedoes, full speed ahead with a lawsuit.

 

[futuredust]

First, I have been supporting him. I worked from 6pm the fourth until 630 am the fifth (this morning) then spent until 330pm at the hospital(s). Came home because we had a party with over 100 guests invited and NO way to contact them all to cancel; broke the news and back to check on him. The last time I closed my eyes was Saturday night.. and I doubt there will be much sleep tonight either. I am trying to do right by and for him, not looking to hit the powerball.

Second, it wouldn't be my money, if and when there even were a suit. As I mentioned we are not married and it would be his money if anything were to come of it. Some of the hospital staff mentioned I should look into it, along with numerous family and friends (guests at that party I had to come cancel and break the news to). I waited until tonight to even ask, after making sure he was as comfortable as he was going to get. Since so many have told me this is something "I need to look into right away". Instead of opening the phone book, I came here, to ask if this was even something I should be doing for him at this time (or what to even do for that matter). The man is in constant pain, has not eaten or drank anything since the accident and is suffering. I am worried, concerned and quite honestly lost.

Third, neither he or I have ever sued anyone for money. I have zero clue what is involved or what to even do. Which is why I asked if it would be advisable to get the copies or even contact an attorney. I have heard the term workmans comp at least 50 times today, and I have zero clue what I am supposed to do about that either.

Since his surgery is being delayed by the back injury at this point, it is not far fetched to be asking such questions. Especially after other medical personnel have told me what was done was wrong. I am sorry if my post offended you, or struck a nerve, this is one area in which I am truly lost. I am well aware that there are people who want to sue any and everyone, for any reason they can think of. This is not the case here, I honestly don't know what to do, so I asked.

 

[justalayman]

Some of the hospital staff mentioned I should look into it,

No staff that wanted to keep their job would even suggest such an action. If they did, they deserve to lose their job, especially if they do not know ALL of the facts of the situation. And as of now, neither you nor they know all of the facts.

Since his surgery is being delayed by the back injury at this point, it is not far fetched to be asking such questions.

Has any doctor told you that their was damage caused by the method of transport from the first to the second hospital? If not, then it is most certainly far fetched to be inquiring about suing the first doctor already.

The man is in constant pain, has not eaten or drank anything since the accident and is suffering.

regardless what the first doctor did, he would still be in this pain and still be suffering.

Especially after other medical personnel have told me what was done was wrong.

it may have been wrong but that does not mean it caused any damages.

. I am sorry if my post offended you, or struck a nerve, this is one area in which I am truly lost. I am well aware that there are people who want to sue any and everyone, for any reason they can think of. This is not the case here, I honestly don't know what to do, so I asked.

I have no problem demanding a person be held accountable for their actions, especially a trained person such as a doctor. What struck the nerve is the fact that you have no idea if there were any damages caused by the first doctor, your fiance isn't even out of the hospital, or even through his first round of basic treatment and you are concerned with the possibility of a suit.

If the first doctor caused some damage, what you do in the next couple of days will not make any difference to that. Your fiance is injured, quite severely from the sound of it, and that is what you should be concerned with. I haven't checked the statute of limitations in your state but I am sure it is at least 1 year and more likely 2 years, maybe more. That gives you time to worry about him at least finding out what is wrong and figuring out basically what is going to have to happen to help him heal and not have to jump up today or tomorrow and speak of suits.

In fact, talking about suing the other doctor might cause you problems where you are right now. Doctors will often refuse to treat patients they know are litigious. It is very expensive for a doctor, in many ways, to be sued. If they are faced with a patient that speaks of suits at the drop of a hat, there is a good chance the doctor will refuse to treat that patient. No sense in tempting fate.

So, enough beating you up. Take care of him for now. You don't know nearly enough to even consider a suit let alone know if you have a viable suit. You don't have to do anything today or tomorrow or this week about it because you don't know if there is even any reason to consider a suit. It is way too early even for a doctor to be able to tell you if what the first doctor did caused any damage let alone caused the injury itself to be any worse than what it was already. Even if the first doctor caused some damage, if that does not actually cause your fiance any more problems than he would have already had, then the doctor's actions have not actually injured him.

as to workmans comp; Honestly I have no idea. Farm workers are a special group of people and offhand, I don't know if he would be required to be covered under WC. Speaking to his boss should give you some answers to that. If he is covered under WC, then the hospitals and doctors would need to know his employer so they could bill them. That has nothing to do with the possibility of a malpractice suit though. They are separate things altogether.

 

[futuredust]

Thank you for your blunt, yet honest input. As mentioned, I have zero clue, and was asking since so many others have been adamant I need to get on this a.s.a.p. I now know that this is not the case, and can set that worry aside at this time.

The orthopedic is a partner in the group that did his previous surgery for a total hip. He (fiance) is kind of an interesting case, considering he is nearly 7ft tall and while very menacing in appearance is quite the overgrown teddy bear. He makes friends very easily and those who come in contact usually take the time to get to know him on a more personal level. I have no fears of him not being treated, he is known and liked. My nephew works at the hospital he is at now, as do a few friends. He will be well taken care of where he is at. And hopefully in time, he will be just fine.

I am just concerned about his health, maybe to the point of excessive worry. I tend to worry to much about those I love. And want to make sure I do the right thing for and by them.

His boss was called to the accident and was there when he was loaded in the ambulance. And has checked for updates. While the boss has not mentioned workmans comp (to me), I guess we will need to address this issue with him at some point as well. He did tell the EMT's when he was picked up it was a wc case.

I am going to try and get a little sleep before nursing and respiratory rounds start again.

Again, thank you.

 

[ecmst12]

He should DEFINITELY get a lawyer to help with the WC case. He has other things he needs to be worried about right now (like getting better) and he should let someone else handle the legal aspects.

 

[perthelizabeth]

Thank you for your blunt, yet honest input. As mentioned, I have zero clue, and was asking since so many others have been adamant I need to get on this a.s.a.p. I now know that this is not the case, and can set that worry aside at this time.

The orthopedic is a partner in the group that did his previous surgery for a total hip. He (fiance) is kind of an interesting case, considering he is nearly 7ft tall and while very menacing in appearance is quite the overgrown teddy bear. He makes friends very easily and those who come in contact usually take the time to get to know him on a more personal level. I have no fears of him not being treated, he is known and liked. My nephew works at the hospital he is at now, as do a few friends. He will be well taken care of where he is at. And hopefully in time, he will be just fine.

I am just concerned about his health, maybe to the point of excessive worry. I tend to worry to much about those I love. And want to make sure I do the right thing for and by them.

His boss was called to the accident and was there when he was loaded in the ambulance. And has checked for updates. While the boss has not mentioned workmans comp (to me), I guess we will need to address this issue with him at some point as well. He did tell the EMT's when he was picked up it was a wc case.

I am going to try and get a little sleep before nursing and respiratory rounds start again.

Again, thank you.

I think you did your duty. But it did not work.