glass left in arm

[mistaP]

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

 

[mistaP]

Sorry. I hit the wrong key. I'm in Indiana.

As the result of a mva I was admitted to ER with wounds to head and arm. X-rays and CT scans were done. Glass was dug out of my head. I pleaded w/ the dr. to make certain all glass was removed from my arm and head, as I had had a similar experience some ten years earlier, and had to have surgery a month after that accident. Deja Vu--all over again. Long story short: A month later I saw a surgeon about the painful lump in my elbow. X-rays taken, glass detected, glass surgically removed.

The kicker: The surgeon showed me the original xrays taken at the ER which clearly show the glass. It is even noted by the radiologist as a "2cm opaque object...should be removed."

To me, this is obvious med malpractice. Auto insurance already paid the bills. Is this worth pursuing? If so, what would be the first step? Thanks.

 

[Proserpina]

Sorry. I hit the wrong key. I'm in Indiana.

As the result of a mva I was admitted to ER with wounds to head and arm. X-rays and CT scans were done. Glass was dug out of my head. I pleaded w/ the dr. to make certain all glass was removed from my arm and head, as I had had a similar experience some ten years earlier, and had to have surgery a month after that accident. Deja Vu--all over again. Long story short: A month later I saw a surgeon about the painful lump in my elbow. X-rays taken, glass detected, glass surgically removed.

The kicker: The surgeon showed me the original xrays taken at the ER which clearly show the glass. It is even noted by the radiologist as a "2cm opaque object...should be removed."

To me, this is obvious med malpractice. Auto insurance already paid the bills. Is this worth pursuing? If so, what would be the first step? Thanks.

Could you please explain a) what you think was done wrong and b) what are your damages.

 

[mistaP]

Thanks for your interest. To answer your questions:

a) The 2cm piece of glass was left in my arm after having been identified by x-ray and recommend to be removed--prior to the wound being stitched and my being released from the ER without having been informed.

b) approximately 5 weeks of, at best, chronic mild discomfort, and, at worst, acute excruciating pain; subsequent surgery to remove the glass, two weeks of missed work.

Since the insurance company is going to reimburse for the lost wages as part of my bodily injury claim, I had never been overly concerned about this incident. Until my wife suffered a misdiagnosis from the same physician, I never considered action.

SO????

 

[ecmst12]

This is NOT obvious malpractice for one thing, and your damages are from the injury, you don't have any damages due SOLELY to the delay in removing the glass. That would be permanent physical harm, not any temporary pain you may have suffered. And there may have been a valid reason they didn't remove it in the ER the first night.

 

[mistaP]

Is "permanance" of injury really a defining attribute of mmp? Follow me here: Hospital amputates wrong leg, but is able to reattach it with no permanent injury. And this is not mmp?

The only reason the glass was not removed was a lack of due dilligence on the part of the attending physician. When I offer her the opportunity, for her own personal aggrandizement to remove glass from my body--REGARDLESS of how it got there-- and she only removes 75% of those pieces large enough to be clearly identified, causing me, at times, excruciating pain and a second med procedure to have it removed, she failed to provide me with the necessary, reasonable care for which she was fully compensated.

 

[Proserpina]

Is "permanance" of injury really a defining attribute of mmp? Follow me here: Hospital amputates wrong leg, but is able to reattach it with no permanent injury. And this is not mmp?

That's not what was said...

Your example may well be considered malpractice - but that's only the first burden. The second burden needs to be a measure of tangible (and usually permanent) damages.

The only reason the glass was not removed was a lack of due dilligence on the part of the attending physician. When I offer her the opportunity, for her own personal aggrandizement to remove glass from my body--REGARDLESS of how it got there-- and she only removes 75% of those pieces large enough to be clearly identified, causing me, at times, excruciating pain and a second med procedure to have it removed, she failed to provide me with the necessary, reasonable care for which she was fully compensated.

But did she deviate from the standard of care?

 

[swrdmbo]

Well you certainly did not get your leg sawed off. There is not going to be a big payoff for you here.

Unfortunate that they did not get all the glass, but it is not the big deal you are making it out to be.



Why did you miss two weeks of work? If you tell me it is because you had to get stitches in your arm I am going to laugh out loud!

 

[ecmst12]

Yes, there has to be permanent physical harm. It would not be possible to re-attach an amputated leg without any permanent damage, so your example is absurd.

 

[mistaP]

I think you all are missing the point. I'm not trying to get paid for what happened. I'm arguing principles, not how much is it worth.

It would, however, give me some measure of satisfaction to know that what transpired was indeed negligent, and to be able to present this to the hospital / dr. with the expectation of an explanation or apology. If I wanted to sue, I would base it on breach of contract, as outlined in my above argument. I specifically instructed the dr. to remove all glass and she said she would, but she didn't. If I had hired a ditch digger to excavate 40 feet for me, but he only dug 30 and reported to me that the job was complete, should he not be held liable what I had to pay the next guy to dig the other 10 feet. Doctors are no different, save the service they provide.

 

[mistaP]

Why did you miss two weeks of work? If you tell me it is because you had to get stitches in your arm I am going to laugh out loud!

I was scheduled to begin a two week project in Mississippi on Monday. The previous Wed. I set an appointment with the orth surgeon b/c I bumped my elbow on the door while carrying my two-week old daughter in her carseat causing me to drop it. I had been having much pain, but that was the proverbial straw. The following Wed, 2 days after I was to report to MS for work, was as soon as the surgeon could see me. (I live in a rural area and my choices are very limited. I tried 3 surgeons.) This appt prevented me from making the 12 hr. trip on Monday. The surgery was two days later, again preventing me from be able to travel to work and back 12 hours each way. Because I was unable to be there the first week, my employer had to send a replacement for me. Because they other superintendent started the job, he was allowed to finish it, and my services were not needed; thus explaining the second week that I missed. Anything else?

 

[cbg]

A message board cannot give you a definite, "Yes, this was negligent" or "No, this was not negligent". There are too many variables. If you want a definite answer, one that will permit you that "measure of satisfaction" and expect either an apology or an explanation, let alone any legal measures, you will have to have a lawyer hire a med-mal expert to review all your medical records. It will not be cheap. But ONLY an expert who has reviewed the x-rays and the rest of the associated record can carve an answer in stone for you. If it's that important to you, be prepared to cough up a few thousand dollars to get the answer.

 

[ecmst12]

There is no breach of contract either. The doctor was required to treat you within the standard of care. If she did, then she met her duty. The standard of care may or may not have required her to remove this piece of glass. She might have decided it would be more harmful to remove it at that time, or it might not have been possible for her to visualize the glass at that time. You would need another expert opinion that negligence occurred, and THEN you would have to prove permanent damage solely from the negligence.

 

[lya]

It is possible the ED physician overlooked the piece of glass in the elbow area of the x-ray or forgot to remove it. The written radiology report is not usually available until much later, even 24 hours later.

If the ED physician overlooked the piece of glass or forgot to remove it, it is a mistake, not negligence. Negligence is 'knows or should have known that a certain act (or failure to act) would result in damage to the patient'. There is no damage. Without damage, in most situations, there is no claim of pain of suffering.

It is a reality that a physician or a surgeon will intentionally schedule two procedures instead of one; and, the best I can tell, it is intentionally done to increase profit. That does not appear to be so much as a remote possibility in this situation. The ED physician is not the one who is performing the glass removal from the elbow and neither is the 'company' or partnership for which the ED physician works. It is extremely unlikely the ED physician stands to gain anything from the patient's requiring an additional procedure and just as unlikely the ED physician feels inspired to make sure the hospital profits from the procedure.

There appears to be no medical malpractice issue in this scenario and no intent to make the insurance company pay for an unnecessary procedure for any imaginary reason.

If I correctly interpret the OP's responses, my answer will not be satisfactory to him/her, either.

 

[mistaP]

While you seem to know something about the subject at hand, your interpretation of my repsonses is less than knowledgable. Until the last sentence, I was completely satisfied. Instead of ad hominem attacks, you actually addressed the issue and gave me greater insights... of which I was seeking. Thanks.