malpractice-non injury

[ksjane]

What is the name of your state? TX

Do malpractice suits only pertain to long term injury or death?

Situation:
7 year old diabetic was taken to ER due to ketones and high blood sugar.
Nurse left them (child and parent) in a room for 4 hours without checking up, without checking blood sugar, without giving insulin, without trying to flush ketones, and was no where to be found. Finally, (4 hours later) 7 year old was admitted to the hospital, once there, the Doctor came in and pointed out that this was an emergency situation and the child needed IMMEDIATE care, and claimed that the only reason for admittance was because of a delay in care. Had proper procedures been followed in ER, child would not have needed to be admitted. The nurse was confronted due to the fact that no one (including doctor) was able to 'find' her. She 'claimed' she had checked on the child, however she was busy. When the child was admitted the records were looked over and it was determined that NOTHING had been done in the ER. The child has been there for 2 days so far, and looking at another day. What steps can be taken at this point? How do you file a 'formal' complaint? And, is this grounds for a suit. This nurse has been working there for quite some time now, and would like to prevent this from happening again, as it could have been fatal. TIAWhat is the name of your state?

 

[seniorjudge]

Q: Do malpractice suits only pertain to long term injury or death?

A: If you mean medical malpractice, the general answer is yes.


Q: What steps can be taken at this point?

A: If it were me, I'd tell them I wanted a major adjustment on my bill.


Q: How do you file a 'formal' complaint?

A: If you mean a lawsuit, you hire a lawyer.


Q: And, is this grounds for a suit.

A: If you mean for causing you financial damages (not medical malpractice), I'd say yes but the damages will be minimal so you'd have a hard time getting a lawyer.


Q: This nurse has been working there for quite some time now, and would like to prevent this from happening again, as it could have been fatal.

A: File a complaint with the state nursing board.



Unfortunately, what you have outlined is standard practice in many hospitals today. Do some strong bargaining on your bill and get everything in writing. Based solely on the statements in your post, you have been caused unnecessary costs.

 

[lya]

I don't understand blaming one nurse for the delay. What about the MD? Did the MD not assess and diagnose the child and write orders?

The child was probably going to be admitted, anyway, regardless of the MD's remarks that the child was admitted because of the delay in treatment. The ED is not for lengthy procedures and this child's condition was going to require a lengthy treatment.

If a two-day hospitalization occurred, then it was going to happen whether or not treatment was rendered in less than 4 hours.

I have no idea of staffing/patient ratios for that shift or if another patient required the nurse's time, which is a very real possibility.

A call to the Chief Nursing Office of the hospital should be sufficient to make sure this type of thing does not happen unless unavoidable.

You can follow-up by filing a complaint online with JCAHO. Ask that your child's record be reviewed at their next on-site review. That way, you stand a chance of making an even bigger point with the hospital--if JCAHO opines that the standard of care was not met.

You can go even further with your JCAHO complaint by requesting that the hospital submit a Sentinel Event Report as, in your opinion, your child's not receiving any interaction from any healthcare personnel for 4 hours could have resulted in serious harm or even death to your child.

 

[longsally111]

What is the name of your state? TX

Do malpractice suits only pertain to long term injury or death?

Situation:
7 year old diabetic was taken to ER due to ketones and high blood sugar.
what was the bs? how do you know he had ketones?
Nurse left them (child and parent) in a room for 4 hours without checking up, without checking blood sugar, without giving insulin, without trying to flush ketones, and was no where to be found.
had the dr been in? had he written orders?
Finally, (4 hours later) 7 year old was admitted to the hospital, once there, the Doctor came in and pointed out that this was an emergency situation and the child needed IMMEDIATE care, and claimed that the only reason for admittance was because of a delay in care.
I have a HUGE problem with this statement. ER dr would have had to call admitting dr and would not do so unless tests had been run. NO DR ANYWHERE would claim negligence knowing that there would be a lawsuit, even if there was.
Had proper procedures been followed in ER, child would not have needed to be admitted.
this statement is UNTRUE. Sometimes, even when proper procedure is done, pts still have to come in to the hospital.
The nurse was confronted due to the fact that no one (including doctor) was able to 'find' her.
who confronted her?
She 'claimed' she had checked on the child, however she was busy. When the child was admitted the records were looked over and it was determined that NOTHING had been done in the ER.
who looked over the records and how did they get them?
The child has been there for 2 days so far, and looking at another day.
well, the child is sick and needs care. What is the problem?
What steps can be taken at this point? How do you file a 'formal' complaint? And, is this grounds for a suit. This nurse has been working there for quite some time now, and would like to prevent this from happening again, as it could have been fatal. TIAWhat is the name of your state?

first thing, get a med malpractice dr and have them look at the records and go from there. I find it difficult to believe that your child went to the er and had NOTHING done but yet the er dr called the admitting dr and claimed negligence. Sorry, I dont buy it.

 

[ecmst12]

This sounds like a situation calling for a complaint to the head of the ER or the hospital's board of directors, not a malpractice claim.

 

[moburkes]

If I took my child to the ER, I wouldn't have sat in a room for 4 hours, waiting on someone to check up on me.

 

[ksjane]

[/B]

first thing, get a med malpractice dr and have them look at the records and go from there. I find it difficult to believe that your child went to the er and had NOTHING done but yet the er dr called the admitting dr and claimed negligence. Sorry, I dont buy it.

I didn't say the er dr call the admitting dr and claimed negligence. What I said was the admitting dr claimed negligence, or "delay of care" prior to being admitted. Had the steps been taken to flush the ketones, the child would not have need to be admitted. Per the admitting dr.

 

[ksjane]

If I took my child to the ER, I wouldn't have sat in a room for 4 hours, waiting on someone to check up on me.

"The nurse was confronted due to the fact that no one (including doctor) was able to 'find' her."

 

[lya]

"The nurse was confronted due to the fact that no one (including doctor) was able to 'find' her."

The nurse was not the only one responsible for the child's care. There was a charge nurse and a physician involved, too.

If you choose to pursue this, you must include everyone who was responsible. You can't single out one professional and excuse everyone else. Doing so is an automatic dismissal of a medmal claim if and when this defense is raised; it's commonly referred to as the "empty chair" defense.

 

[ksjane]

The nurse was not the only one responsible for the child's care. There was a charge nurse and a physician involved, too.

If you choose to pursue this, you must include everyone who was responsible. You can't single out one professional and excuse everyone else. Doing so is an automatic dismissal of a medmal claim if and when this defense is raised; it's commonly referred to as the "empty chair" defense.

Thank you, I will pass that on. The nurse did however tell the charge nurse that she had checked on the patient several times, however, was unable to provide documentation of any of that, nor did she even know the patients name or why he was even there. Also, she was busy giving meds to another patient at the time she 'claimed' to have been checking on this patient. Again, thank you everyone for your input. We weren't sure really where to go from here, but I think it is clear at this point atleast a complaint needs to be filed. So, the mom is in the process of doing so. Thanks again.

 

[longsally111]

Thank you, I will pass that on. The nurse did however tell the charge nurse that she had checked on the patient several times, however, was unable to provide documentation of any of that, nor did she even know the patients name or why he was even there. Also, she was busy giving meds to another patient at the time she 'claimed' to have been checking on this patient. Again, thank you everyone for your input. We weren't sure really where to go from here, but I think it is clear at this point atleast a complaint needs to be filed. So, the mom is in the process of doing so. Thanks again.

when you are filing the claim, you must tell them that, according to you, no doctor saw your child either, or the charge nurse, and that you sat in the room for 4 hours without seeking further help AND that the admitting dr was called in without ANY tests being run and that adm. dr made a VERY imflammatory statement that childs admission could have been prevented (willing to bet he will deny this if it was true). lets run that up a flagpole and see if it flies!!!!!!! By the way, if you sat with your child and went to the bathroom during the 4 hours or went to get a drink, etc, the nurse might have been in while you were gone. PLEASE do not respond back that you sat there for4 hours and never once left the room or opened the door. That would be a lie.

 

[ksjane]

when you are filing the claim, you must tell them that, according to you, no doctor saw your child either, or the charge nurse, and that you sat in the room for 4 hours without seeking further help AND that the admitting dr was called in without ANY tests being run and that adm. dr made a VERY imflammatory statement that childs admission could have been prevented (willing to bet he will deny this if it was true). lets run that up a flagpole and see if it flies!!!!!!! By the way, if you sat with your child and went to the bathroom during the 4 hours or went to get a drink, etc, the nurse might have been in while you were gone. PLEASE do not respond back that you sat there for4 hours and never once left the room or opened the door. That would be a lie.

Wow, you kind of lost me, you say "according to me" however, I did not say ALL of those things you just said, so it shouldn't be said when filing the claim. Also, it wasn't me, I never said that it was, and yes, you are correct, BOTH of the parents did not sit in the room for the entire 4 hours without leaving, however, the child was not left in the room alone, at all. The child sat with the dad while mom left the room, so, on that note, no, the nurse did not come in while the mom was gone. Thanks everyone for their input.

 

[moburkes]

So, again, what parent with a sick child doesn't seek out a doctor, nurse, or janitor to scream at, when they've been in a room for several hours with no one checking in on the patient?

The parents should sue each other for being stupid frikkin idiots.

 

[ksjane]

So, again, what parent with a sick child doesn't seek out a doctor, nurse, or janitor to scream at, when they've been in a room for several hours with no one checking in on the patient?

The parents should sue each other for being stupid frikkin idiots.

Umm, did you actually read the post? NOWHERE, does it say that the parents sat in a room for 4 hours WITHOUT trying to find someone. It actually says quite a few different places quite the opposite.

Maybe you should brush up on your reading and comprehension before calling someone a stupid frikkin idiot. Of course that is just my opinion.

 

[moburkes]

In the original post OP wrote:

Nurse left them (child and parent) in a room for 4 hours without checking up, without checking blood sugar, without giving insulin, without trying to flush ketones, and was no where to be found.

Longsally's response was:

when you are filing the claim, you must tell them that, according to you, no doctor saw your child either, or the charge nurse, and that you sat in the room for 4 hours without seeking further help

OPs response was:

BOTH of the parents did not sit in the room for the entire 4 hours without leaving, however, the child was not left in the room alone, at all. The child sat with the dad while mom left the room, so, on that note, no, the nurse did not come in while the mom was gone.

So, where, again, does it state that the parents tried to locate ANY heatlh care provider?