Fall in hospital lead to extended stay.

[KakitaOCU]

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

Will try to keep the story as short as possible. My family has advised that I should seek legal council for the below situation and that at the least we should not owe the hospital for our stay there.

My wife was pregnant. On Friday, February 18, 2011 she had some bleeding she didn't recognize and went to the hospital to get checked out. At this time she was deemed okay, not in labor, nothing wrong in her vitals, etc.
We went home and over the weekend her labor started, not the 5 minutes apart go to the hopsital, but contractions coming steadily.

Monday morning I awoke to find her in intense pain that seemed beyond what the contractions should cause. They were still only 7 minutes apart but I decided better safe than sorry. She was somewhat dizzy and tired. Still able to walk under her own power but definately a bit unsteady. We got to the hospital and went to check in where I was told the nurse had to take her back to the room alone.

Once I was allowed to enter the room I found my wife had been left alone and was getting changed into her hospital gown. She stood up, and then fell, hitting her cheek on the countertop near the hospital bed. This lead to a seizure and an emergency C-Section and a diagnosis of Eclampsia causing the seizure as well as high blood pressure. (I find the seizure part a bit skeptical since she fell, hit her head and then had a seizure, she didn't seize and then fall).

Long story shorter this lead to a full week stay in the hospital with a battery of tests (CT Scan, MRI, EEG, EKG). During this whole time she was given a runaround being told on Wednesday and Thursday she could go home Friday. Being told Friday she could go home Saturday. On Saturday a different doctor came in, woke her up, told he she wasn't going home, then based on her "Depression" ordered two more psych tests as well.

We have been advised by family that we should seek legal council and that at the least we should not owe the hospital for this stay. My concern is that since I did make it into the room when she fell they might try to turn it around that it was my fault for not catching her.

Thank you,

 

[swalsh411]

I'm waiting to hear the basis for your belief that you should not have to pay for the medical care you wife received. Your wife could have just as easily fallen at home, walking to the car, in the parking lot, etc. Nothing the hospital did caused her fall and besides there is no way her fall caused her to have high blood pressure and eclampsia.

 

[KakitaOCU]

Perhaps I should clarify that it was suggested we only be responsible for the actual birth, delivery and eclampsia. The concern is that she was unsteady on her feet which was visible and then left alone by the nurse who checked her in. You point out that she could have fallen at home and I have to point out that she could have fallen before I got to the room and had a seizure with no one to get her turned or call for help. Both are what if scenarios.

The core facts I am looking at are
1: An unsteady patient was left alone and unattended and fell.
2: Said fall lead to a seizure, a battery of extra tests that were not what we initially came for and an extended stay at the hospital.
3: Said tests and extended stay cost a small fortune that we are expected to pay.
4: The patient not being left alone would have prevented the seizure, injuries and the need for the tests and extended stay.

If that is all perfectly legal and clear then so be it. As I said, I am seeking opinions based on advise by my non-lawyer family and so would not know the specifics, but I can see the arguement to be made quite easily.

 

[lealea1005]

She stood up, and then fell, hitting her cheek on the countertop near the hospital bed. This lead to a seizure and an emergency C-Section and a diagnosis of Eclampsia causing the seizure as well as high blood pressure. (I find the seizure part a bit skeptical since she fell, hit her head and then had a seizure, she didn't seize and then fall).

Her eclampsia caused the seizure, which caused her to fall. It is possible that there were no other symptoms of eclampsia during her pregnancy until she had the seizure.

Long story shorter this lead to a full week stay in the hospital with a battery of tests (CT Scan, MRI, EEG, EKG). During this whole time she was given a runaround being told on Wednesday and Thursday she could go home Friday. Being told Friday she could go home Saturday...

Why do you consider it a runaround? It was important for all the testing to determine if there was any damage to her kidneys and/or other organs, and possibly to regulate her blood pressure & monitor her for blood clots. IV meds needed to be given and monitored about 48 hours after her last (and possibly only) seizure. Depression, even the expected post partum kind, is a concern for any Physician. S/he would be negligent if you wife was sent home without addressing her symptoms of depression.

 

[lealea1005]

The patient not being left alone would have prevented the seizure, injuries and the need for the tests and extended stay.

Again, she did not have a seizure because she was left alone or fell. Her eclampsia caused the seizure, which caused her to fall. She began to fall at the onset of the seizure.

 

[KakitaOCU]

Her eclampsia caused the seizure, which caused her to fall. It is possible that there were no other symptoms of eclampsia during her pregnancy until she had the seizure.

Is that a sure thing? Don't seizures usually entail the actual seizing? She stood, fell, hit her head, hit the ground, then began to seize. There was a distinct lack of any type of seizing motion while she went through that fall and there was a distinct pause of her being still when she hit before it started.

Why do you consider it a runaround? It was important for all the testing to determine if there was any damage to her kidneys and/or other organs, and possibly to regulate her blood pressure & monitor her for blood clots. IV meds needed to be given and monitored about 48 hours after her last (and possibly only) seizure. Depression, even the expected post partum kind, is a concern for any Physician. S/he would be negligent if you wife was sent home without addressing her symptoms of depression.

Due to the time frame. To give more context. She was in the ICU Monday and Tuesday, all of her tests save the EKG were performed on Monday and Tuesday. She was then released from ICU to a normal room that same Tuesday. On Wednesday she had her EKG and was told she should be leaving Friday. On Thursday she was again told she should go home Friday. On Friday she was told Saturday, on Saturday she was told no by a doctor who had never met her.
And honestly, my main point to that was that part of the bill we're being stuck with come from two separate psych evaluations on that day separate from the one she had already had. The doctor came in, woke up a patient who had been through a lot of trauma, told her bad news, then based on her logical response of being unhappy decided she needed further testing. Something the nurse who had worked with her thought was rediculous and something her actual doctor (Who was off that day but saw her the day before and after) thought was unneeded.

I understand that I am not getting all the info out I need, thank you for helping push the right questions.

 

[justalayman]

4: The patient not being left alone would have prevented the seizure, injuries and the need for the tests and extended stay.
y.

so, every patient that checks in should have an orderly or nurse sit with them 100% of the time? For some reason, I suspect most people wouldn't be happy with the added unjustified cost.

Once I was allowed to enter the room I found my wife had been left alone and was getting changed into her hospital gown. She stood up, and then fell, hitting her cheek on the countertop near the hospital bed

.

so, YOU were in the room and YOU allowed her to change without YOUR assistance and she fell. Don't you think that YOU should have assisted your wife if either she or you felt assistance was needed?

 

[ecmst12]

The medical professionals told you the fall was caused by the seizure. This sounds like a reasonable conclusion and you certainly do not have the expertise to contradict it.

Post partum depression is common and medical professionals are trained to watch closely for it so it; it can be very dangerous if untreated and it is perfectly appropriate that they wanted a thorough evaluation for it before releasing her.

 

[ecmst12]

A seizure is more then just spasms. A seizure can be a simple blackout without any spasms at all. She could have blacked out, fell, then spasmed, and it would still be the seizure that caused the fall.

 

[Silverplum]

A seizure is more then just spasms. A seizure can be a simple blackout without any spasms at all. She could have blacked out, fell, then spasmed, and it would still be the seizure that caused the fall.

Yes, indeed.

I strongly suggest the OP read up on seizures before he tries to sue for one.

 

[ElvinMelvin]

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

Will try to keep the story as short as possible. My family has advised that I should seek legal council for the below situation and that at the least we should not owe the hospital for our stay there.

My wife was pregnant. On Friday, February 18, 2011 she had some bleeding she didn't recognize and went to the hospital to get checked out. At this time she was deemed okay, not in labor, nothing wrong in her vitals, etc.
We went home and over the weekend her labor started, not the 5 minutes apart go to the hopsital, but contractions coming steadily.

Monday morning I awoke to find her in intense pain that seemed beyond what the contractions should cause. They were still only 7 minutes apart but I decided better safe than sorry. She was somewhat dizzy and tired. Still able to walk under her own power but definately a bit unsteady. We got to the hospital and went to check in where I was told the nurse had to take her back to the room alone.

Once I was allowed to enter the room I found my wife had been left alone and was getting changed into her hospital gown. She stood up, and then fell, hitting her cheek on the countertop near the hospital bed. This lead to a seizure and an emergency C-Section and a diagnosis of Eclampsia causing the seizure as well as high blood pressure. (I find the seizure part a bit skeptical since she fell, hit her head and then had a seizure, she didn't seize and then fall).

Long story shorter this lead to a full week stay in the hospital with a battery of tests (CT Scan, MRI, EEG, EKG). During this whole time she was given a runaround being told on Wednesday and Thursday she could go home Friday. Being told Friday she could go home Saturday. On Saturday a different doctor came in, woke her up, told he she wasn't going home, then based on her "Depression" ordered two more psych tests as well.

We have been advised by family that we should seek legal council and that at the least we should not owe the hospital for this stay. My concern is that since I did make it into the room when she fell they might try to turn it around that it was my fault for not catching her.

Thank you,

Nothing you have described comes even close to negligence, let alone the degree of negligence and associated damages that would be necessary to successfully win a suit. Quite the opposite, it seems that in your wife's case the team was especially cautious about doing a thorough workup before sending her home.

Eclamptic seizures generally go through 4 phases. Convulsion is the third stage, so she would be well into the seizure before she began exhibiting what you would regard as the classic symptoms of a seizure. Believe us, the sequence of events is that she had an eclamptic seizure, fell and hit her head.

 

[lealea1005]

Don't seizures usually entail the actual seizing?

Not necessarily the way you're thinking about a "seizure". There are many types of seizures/seizure activity. Anyhting from a brief loss of consciousness to rigidity to convulsions.

She was in the ICU Monday and Tuesday, all of her tests save the EKG were performed on Monday and Tuesday. She was then released from ICU to a normal room that same Tuesday.

Appropriate.

On Wednesday she had her EKG and was told she should be leaving Friday. On Thursday she was again told she should go home Friday. On Friday she was told Saturday, on Saturday she was told no by a doctor who had never met her.

There must have been some concern between Thursday and Friday which led the attending Physician to keep her. The covering Physician comes into the patient's room and tells the patient, based on test results (or whatever reason), he was keeping her there an extra day. Physician is taken aback by the patient's intense response to news that, although disappointing, should not cause the patient to fall to pieces. Physician orders psych consult/testing. Covering Physician is covering his rear, and appropriately so.

The Nurse's opinion is inconsequential, as it is not her license at stake if something happens. Your wife's Physician may have said the testing wasn't necessary, but then, he already had the results in his hand after the fact.

 

[KakitaOCU]

@justalayman:
Not every patient, no, but one who was clearly unsteady? yes.
As to my being there, what has been suggested is that I trust the medical professional's judgement, they left her alone so I didn't see a reason not to.
But yes, I continue to blaim myself for not catching her in time. I will spend the rest of my life feeling that it was my fault. (that's not meant as a guilt push or anything, just acknowledging it).

@ecmst and lealea:
Thank you for your input. Might not be the preferred answer, but fact is more important than desire and I appreciate your taking the time to talk to me.

As a small aside, ecmst, I'm aware of the concern, but when you're the brand new doctor who doesn't know the patient, and the nurse tells you she's fine, maybe you should take the circumstances of the conversation into account and check with their doctor before sticking them with more tests. Specially since the next day her real doctor even stated that they were not needed.

@Silverplum:
A suggestion, though it may come as offense. Parroting what someone else already said without adding anything new or useful just makes you appear antagonistic and useless. No matter what your real personality is, if you come off as those things to people all you do is get them to ignore you, which seems counterproductive to the purpose of this board.

@Elvin and lealea:
Again, thank you for the correct information. I would like to state the "intense" reaction to being woken up to bad news was that she "seemed down" and "didn't like looking me in the eye". The first is expected, the second is something three seconds of conversation with her nurse or real doctor would reveal is just her normal behavior (she's doesn't like eye-contact with strangers, she's working on it, but there it is and her doctor and nurse knew about it). Covering yourself at the expense of doing the right thing is a major issue for me, but not a legal one. So I'll close with again saying thank you to those of you who provided information.

 

[artiemd]

Was your wife mentally competent at the time.

If she was so obviously unsteady on her feet, why would she get out of bed without asking for assistance? She is at least in part responsible for her own fall.

 

[lealea1005]

Covering yourself at the expense of doing the right thing...

...the second is something three seconds of conversation with her nurse or real doctor would reveal is just her normal behavior (she's doesn't like eye-contact with strangers, she's working on it, but there it is and her doctor and nurse knew about it).

He DID do the right thing, especially given the additional information you provided above.

So I'll close with again saying thank you to those of you who provided information.

You're welcome. Enjoy your new baby!