Do I have a case to sue

[3westiebabies]

What is the name of your state (only U.S. law)? PA
I was diagnosed with lung cancer in January of this year. I've had several hospital stays since ending my chemo and radiation and believe that this is partly due to doctor error.
A few weeks after my last treatment I was rushed to the hospital with a severe pain in my ribs. Once at the hospital I was given all kinds of pain killers. Dilaudid. A morphine pump and god knows what else. After a short time I became almost completely out of it. One minute I was in the ER and the next thing I remember I am in a room with 4 doctors standing over me and about 5-8 nurses running around, I can't breath, I have a nurse screaming in my ear to BREATH, and I was out of it again. I came to again with one of the doctors asking me if I'd had a recent weight gain, which according to him would explain the apnea that I had fallen into at that time. Again, I went out. When I came to again I gasped to one of the doctors if I was going to die. He didn't respond at all to me so I asked again. What's wrong with me? And he said, "You were given too much pain medication." I heard him. My husband heard him. The nurses heard him. I don't know which of the gaggle of doctors was the one that called for this OD of pain meds but ever since that hospital stay I have had nothing but problems with my lungs. COPD. Blood clots. A collapsed lung. Pulmonary hypertension. The inability to keep my oxygen level up (I need oxygen 24 hours a day now). I've been hospitalized 2 other times since that one visit and both times it was problems with my lungs - according to my oncologist - not related to cancer. Of course I can't get anyone to admit that something went terribly wrong that day, I keep hearing that medicine is not an exact science but what is that. A get of jail free catch phrase?
I should also note that on another hospital stay, when my lung collapsed, not only did the surgeon screw up his first attempt to put a tube in my back, resulting in extreme pain and 6 unnecessary stitches but he refused to do the procedure in an OR. He said it was too expensive to open up the OR so "we just do it in your bed". Nothing sterilized. When his first attempt didn't work he finally conceded that he did need to take me to the OR and that's where he went in for a second time to put in the tube. I should add that this surgeon turned out the be the same doctor who asked me if I'd gained a lot of weight during my OD visit (trying to justify the apnea that I'd developed)
Is there any case here for me to sue?

 

[lealea1005]

Westie, your lung cancer compromises your lung function. Perhaps the same medication would not have affected you the same way if your lungs were healthy. The Physician asked you about recent weight gain because, yes, it can be one explanation for apnea.

When some one's lung collapses suddenly, it becomes an emergent situation and it is common for a chest tube to be inserted in the ER or at the bedside.

I understand your frustration and anger at your condition. However, I really don't see that the Physician performed below the standard of care.

Good luck to you.

 

[loveumms]

Agree with lea.

Chemo and radiation is not without side effects. Both of these treatments are basically poison to your body. They kill the bad cancer cells but at the same time kill the good healthy cells in your body because they are not selective for cancer cells (that is why you loose your hair and feel sick). Most people have some long term side effects from these modalities and it probably was not due to doctor error.

Everyone reacts differently to pain medicine. They likely only gave it to you when you asked for it (you yourself said you were in extreme pain). Would you have been upset if they didn't give you anything? I'm sure the answer is yes.

It is true - medicine is NOT an exact science. If you were diagnosed with lung cancer 20 years ago you might have already succumbed to the disease. Is that an excuse, no. Its just the truth, plain and simple.

Chest tubes are difficult to insert and even in the hands of the finest surgeon can be wrought with problems. The alternative was to not have the chest tube put in and deal with the pain and complications from your collapsed lung (or the fluid that was in your lungs causing you pain). Furthemore, they are very seldomly inserted in the OR. The doctors who try to put it in at your bedside likely used sterile technique which is very similar to what occurs in the OR.

I can't pretend that I know what you have been through or what your future entails but, I have seen many patients spend the last years of their lives trying to find fault in their medical care (and to be honest, in their lives in general). From your post it seems like you have been through a lot and hopefully you are cancer free however, if not then maybe you should look at the positives - you are alive. Try to remember that all doctors take an oath to first do no harm. I'm sure that the doctors that treated you wanted you to feel better. Best of luck.

 

[lya]

I think the question about weight gain had to do with fluid retention r/t CHF. It is not unusual for fluid retention with or without CHF to accompany chemo regimens.

As for chest tubes being difficult to insert and "wrought" with problems--in all my years as an RN, I've never had a physician have any difficulty inserting one and I've never known of any problem with one (except for the patient who pulled his out and the new grad RN picked it up and stuck it back in!!! LOL). The potential for problems exists but to say "wrought with problems" is a tad overkill and using an incorrect term, too.

Wrought means "worked". Wreaked is the past tense of wreak, but neither of those is correct as in "wreaked with problems". The correct term is, "fraught", which means "full of or accompanied by (problems)".

 

[loveumms]

I think the question about weight gain had to do with fluid retention r/t CHF. It is not unusual for fluid retention with or without CHF to accompany chemo regimens.

As for chest tubes being difficult to insert and "wrought" with problems--in all my years as an RN, I've never had a physician have any difficulty inserting one and I've never known of any problem with one (except for the patient who pulled his out and the new grad RN picked it up and stuck it back in!!! LOL). The potential for problems exists but to say "wrought with problems" is a tad overkill and using an incorrect term, too.

Wrought means "worked". Wreaked is the past tense of wreak, but neither of those is correct as in "wreaked with problems". The correct term is, "fraught", which means "full of or accompanied by (problems)".

So sorry about the grammar.

You obviously have not seen enough chest tubes put in or managed. Most of the time it can take a few minutes to insert but, I have seen some senior surgery residents struggle and once a trauma attending. Mostly on obese people but, they are not always easy to put in.

Last time I checked, fluid overload from CHF, renal dysfunction or any other reason does not cause apnea. May cause hypoxia or shortness of breath but, not apnea. And it was likely that she was short of breath due to hemo/hydro/pneumothorax - not generalized fluid retention or they would not have put a chest tube in. Who knows without actually looking at the CXR and the fluid obtained on the chest tube insertion.

Really sad that anyone would allow a new RN put a chest tube back in after the patient pulled it out - especially after it has been on a dirty hospital floor. Even worse if said nurse didn't know that putting a dirty chest tube back into the pleural cavity can cause numerous problems (like lung damage).

 

[lya]

Well, well, loveums. Once again, you have proved you are an expert in nothing.

A surgical resident who has difficulty with a procedure is not unusual. I was speaking of competent physicians.

CHF most certainly can cause apnea. Pay attention in class; that is, if you really are in college learning something somewhere.

No person allowed a new grad to replace a chest tube--it happened and then the new grad went for help. Gee, you think it could actually lead to problems if someone did this? I'm stunned! Who would have thunk it.

 

[longsally111]

I am so sorry for your diagnosis and your your disease. The drugs did collapsed lung, blood clots, copd, pulmonary hypertension etc.... The 1/2 life of these drugs is not that long and they were out of your system relatively quickly. As an ER nurse, I have assisted in a LOT of chest tube insertions and they are sterile and they are done at bedside in the ER. I am sorry but I do not see a breach in standard of care.

On another note, I do not get Loveums post at all. Of course CHF and renal overload can cause apnea. Where did you go to school?

 

[loveumms]

Well, well, loveums. Once again, you have proved you are an expert in nothing.

A surgical resident who has difficulty with a procedure is not unusual. I was speaking of competent physicians.

CHF most certainly can cause apnea. Pay attention in class; that is, if you really are in college learning something somewhere.

No person allowed a new grad to replace a chest tube--it happened and then the new grad went for help. Gee, you think it could actually lead to problems if someone did this? I'm stunned! Who would have thunk it.

Never said I was an expert in anything. I'll keep my mouth shut about everything else I would like to write since it's not helping the poster and I'll allow you to keep thinking you know everything. Why should I waste my time trying to educate you? I'll give you a clue though - cause and effect are two seperate issues.

A surgical resident is a physician - one in training.