Do I have a case?

[ochiatl]

What is the name of your state? Georgia

Last year I had emergency surgery due to my gallbladder. I was brought in by ambulance and was told that I would have surgery the next morning. Unfortunately, I did not have insurance, because my husband had just switched jobs. Before examining me, the doctor came in a stated that he was told that I did not have insurance and wondered how I was going to pay my bill. Both of my parents are doctors as well as my brother so I was shocked at his unethical behaviour. I asked him he would take a payment plan and to which he asked over how many months. I told him that I could probably pay him at least $50 dollars a month and he told me that was not enough. At that point, I was disgusted and told him that because of my family background I was aware that as a acute patient he was unethical and breaking the law by discussing payment with me. He then left the room.

I immediately called hospital administration and complained and told them that I wanted another surgeon because of what he had said to me and that I wanted to file a formal complaint. They told me that I could not have a different surgeon because he was the one on call. They told me that because he was not a staff surgeon, they could not do anything about what he said. I told them they could revoke his priviledges.

Later that afternoon, I went down to surgery. He showed up 45 minutes later. That happens no big deal. When I woke up, he told me that he had also done a umbillical hernia repair. I was not aware that I had a hernia, had any signs of a hernia nor have been diagnosed with a hernia so I was again shocked. Typically this surgery only requires one day hospitalization, however, I suffered an illius (bowels shut down). I was given so many different types of laxatives and was unable to have a bowel movement to the point that I was in pain. This went on for 4 days. My blood pressure was high as well. On the fourth day, the doctor came in and said that I could not continue to lay around with no insurance and told me that I was being released. At one point he even accused me of seeking pain medication. My stomach was distended and in pain. After another couple of days at home, I was finally able to go.

After a few months I noticed that my belly button looked strange, but I really didn't pay it any attention. My mother came to visit last month and I showed it to her. She told me that I have a large umbillical hernia that will require surgery. So now I have the hernia that I never had before and it is now become uncomfortable. I really think this surgeon did something wrong. What should I do?

 

[longsally111]

here is an idea

What is the name of your state? Georgia

Last year I had emergency surgery due to my gallbladder. I was brought in by ambulance and was told that I would have surgery the next morning. Unfortunately, I did not have insurance, because my husband had just switched jobs. Before examining me, the doctor came in a stated that he was told that I did not have insurance and wondered how I was going to pay my bill. Both of my parents are doctors as well as my brother so I was shocked at his unethical behaviour. I asked him he would take a payment plan and to which he asked over how many months. I told him that I could probably pay him at least $50 dollars a month and he told me that was not enough. At that point, I was disgusted and told him that because of my family background I was aware that as a acute patient he was unethical and breaking the law by discussing payment with me. He then left the room.

I cannot really comment on this except to say that while it is unethical, it is not illegal. You would not expect a mechanic to work on your car for free. While a gallbladder is painful, it is not life threatening. I do think he was a jerk, though, for talking to you like that. You may be able to get him a slap on the wrist by reporting him to the medical board but you would have to prove he made the statements.

I immediately called hospital administration and complained and told them that I wanted another surgeon because of what he had said to me and that I wanted to file a formal complaint. They told me that I could not have a different surgeon because he was the one on call. They told me that because he was not a staff surgeon, they could not do anything about what he said. I told them they could revoke his priviledges.

They will not stop a surgeon from bringing revenue to the hospital because of your complaint. The call thing is correct. You could have called in your private surgeon f you had one.

Later that afternoon, I went down to surgery. He showed up 45 minutes later. That happens no big deal. When I woke up, he told me that he had also done a umbillical hernia repair.

You need to check the surgical notes to see what he really did on you.

I was not aware that I had a hernia, had any signs of a hernia nor have been diagnosed with a hernia so I was again shocked. Typically this surgery only requires one day hospitalization, however, I suffered an illius (bowels shut down). I was given so many different types of laxatives and was unable to have a bowel movement to the point that I was in pain. This went on for 4 days.

sounds like you were on pain meds and comstipated.

My blood pressure was high as well. On the fourth day, the doctor came in and said that I could not continue to lay around with no insurance and told me that I was being released. At one point he even accused me of seeking pain medication. My stomach was distended and in pain. After another couple of days at home, I was finally able to go.

so you were constipated and eventually able to go, good for you.

After a few months I noticed that my belly button looked strange, but I really didn't pay it any attention. My mother came to visit last month and I showed it to her. She told me that I have a large umbillical hernia that will require surgery.

so, your mom is a doctor that can diagnose and knows what kind of surgery you need?

So now I have the hernia that I never had before and it is now become uncomfortable. I really think this surgeon did something wrong. What should I do?

first of all, you do not know that is what you have. You need to see a doctor to diagnose. second, get a copy of your medical records and see exactly what was done in the or. Then, if you think something was done wrong, see a lawyer. You are jumping the gun.

 

[ochiatl]

Yes my mother is a medical doctor that is able to examine and diagnose what the problem is. She has been practicing medicine for over 30 years. It is visible and she was able to do physical examination as well when she came to visit me. I have ordered my medial records but I am waiting for the hospital to send me the invoice of how much they cost. It supposedly takes weeks for them to count the pages and generate the bill.

Also, how am I jumping the gun? I have described the situation to see if there is a possible case here. I have now have a hernia where this doctor states that he repaired a small one that I was not aware of or ever had diagnosed.

I was not constipated. Anesthesia can sometimes cause the bowels to shut down. It is one of the complications. They were aware that I had an illius because they diagnosed it at the hospital.

 

[longsally111]

my oh my

Yes my mother is a medical doctor that is able to examine and diagnose what the problem is. She has been practicing medicine for over 30 years. It is visible and she was able to do physical examination as well when she came to visit me. I have ordered my medial records but I am waiting for the hospital to send me the invoice of how much they cost. It supposedly takes weeks for them to count the pages and generate the bill.

Also, how am I jumping the gun? I have described the situation to see if there is a possible case here. I have now have a hernia where this doctor states that he repaired a small one that I was not aware of or ever had diagnosed.

I was not constipated. Anesthesia can sometimes cause the bowels to shut down. It is one of the complications. They were aware that I had an illius because they diagnosed it at the hospital.

I have several problems with your story. #1: if your parents are drs, why use the surgeon on call, surely they know the medical community and could have called a surgeon friend to come and look at you. #2, you have NOT reviewed the medical records and until then, you do NOT know if they did a hernia repair or not. That is where you are jumping the gun. Get the records and review before you tell us what was done to you. #3, the fact that you now have a hernia, you are equating to what happenned to you. Anyone can develop a hernia at any time. Your parents the drs could have told you this. The surgery may have had nothing to do with it but your thinking it did does not make it so. #4, as an ER nurse, I am well aware what an illius is. You did not have a mechanical, volvulus or a meconium obstruction. You might have had a paralytic ilius which is treated by not eating and by being given laxatives which is exactly what was done for you. The only thing in your story that concerns me is the dr telling you that he would not work on you due to insurance and even then, you would have to prove he made the statements. Sorrym things dont jibe here.

 

[ochiatl]

I am looking for legal advice, not useless commentary from an ER nurse. Your right, something does not jibe and it is the nonsense that you are posting. First of all, if you had read the initial post completely, you would have seen that I stated that both my parents are medical doctors. Therefore they are qualified to diagnose my condition.

Second, again if you read the second post completely, you would have noticed that my mother examined me when she came to visit me. She practices in another state. Since I came in as an acute care patient, was immediately scheduled for surgery and she does not live in the same state as I do.....who would she recommend??? One of her co-workers to fly across the country???

Third, why are you trying to diagnose my ileus (this is the correct spelling and I would have thought if you are an ER nurse who knows so much you would have corrected me since you are trying so hard to do so now) with a pediatric condition? If you were truly an ER nurse, a meconium obstruction affects infants and as I am 37, I haven't produced meconium in 37 years. Also since I do not have cystic fibrosis, it is quite unlikely that I have a meconium obstruction. Meconium is not produced out of the womb.

Fourth, you state that I do not know what was done in the OR, but once again if you had read the post properly, you would have read that the surgeon informed me that this is what he had done. Why would he tell me that he performed an additional procedure if he did not??? As I stated, I now have a hernia in the exact area where I have an incision for the previous hernia repair, which I am seeking legal advice as to whether I might possibly have a case.

Fifth, you state that they treated the ileus correctly. I never stated that I was not given the correct treatment for the ileus while I was in the hospital. However, it was medically dangerous to release me before my bowels began to function properly after they had diagnosed an ileus, because my bowels could have perforated which could have lead to a serious infection or my death. If you truly are an ER nurse, you should have learned this in training.

Sixth, it most certainly IS illegal to question a patient about their of lack of insurance or ask for payment of an acute care patient that needs emergency surgery. Although a gallbladder obstruction is not commonly fatal, it is obviously serious to warrant emergency surgery.

It is obvious that you do not read completely before you respond to the posters that ask for LEGAL not MEDICAL advice. So what I suggest is that you leave the legal advice to the attorneys and the medical advice to the doctors. You are not even qualified to give medical advice as a nurse. I saw in another post from you that you worked part-time in a doctor's office. Funny since you now state that you are an ER nurse.

If someone on this forum needs information on how to take a rectal temperature from a drunk that was in a bar room brawl (as this is typically what you see in the ER), that is when you should post your limited medical knowledge. But since this is a legal forum, you really need to leave the answers to those that have a legal education. If you want to be a doctor or attorney, I suggest that you quit your job and go back to school. In the meantime, keep your mouth closed!!!!!

 

[JustAPal00]

If your husband had just switched jobs, you would have still been eligible for insurance under the cobra plan. The problem you have is that so many people get on here and tell only part of the story. They accidentally omit the portions of the story that would negatively affect people’s opinions. If both of your parents are physicians, then who better to ask if you were a victim of malpractice than them? If everything you posted is EXACTLY as it happened and the entire truth then yes you would have a case. But I sense that it’s not the entire truth!

 

[ochiatl]

JustAPal00

Thank you for telling me that I may have a case. However, it is not fair for you to assume that I have omitted anything. If you read all of the posts, I was very detailed in my explaination of the issue at hand. You are correct in stating that we were eligible for Cobra, but we could not afford the high premium which was about $900, since we have children. This is often the case for many people who switch companies and an example of the sad state of medial insurance in this county, but that is another issue entirely.

I did, however, ask my parents as well as my brother, who is also a doctor in another state, their opinion as to whether or not I had a possible case for malpractice. Being doctors, they of course do not like to speak against another doctor, but they do feel that that there is a strong possibility that something was done improperly during the initial surgical procedure. However they are not attorneys, which is why I am asking questions in a legal forum. I wanted to get a little more information while I wait for my copy of the medical records to be available since I just made the request yesterday. Once I get my records, I plan to take them to an attorney for review as well as be examined by another surgeon, that is not a member of my family, for the obvious reasons of course.

I have used this forum for other legal questions and typically get decent answers, Whereas the responses I received from Longsally111 were useless because she did not take the time to read my posts properly and her answers proved as such. Thank you for your reply.

 

[las365]

Generally speaking, the primary legal issues in a medical malpractice case are:
1. Whether a doctor who can qualify as an expert in that particular area of medicine will testify that the treatment you received was below the standard of care (due to negligence, usually); and
2. What damages you incurred as a direct result of the bad treatment.

If the extended hospitalization was due to a complication of anesthesia that was not caused by negligence or treatment below the standard of care, then the cost of it isn’t a damage that you would win if you sued for it. If the anesthesia was administered negligently and below the standard of care, that suit wouldn't be against the surgeon anyway, but against the anesthesiologist. Your discomfort, if caused by negligence, might be a damage that you could get money for, but it is unlikely that you would get enough money for it to offset the cost of a lawsuit. If the surgeon negligently did something that caused a hernia, or if the hernia mesh was defective, then the cost of the subsequent hernia repair surgery might be a damage you could win if you sued the surgeon or the manufacturer. Another doctor’s opinion, whether she is a family member and a great doctor or not, doesn’t matter unless it meets number 1 above.

If your main problem is with his ethics, then a complaint to your state’s medical licensing board would probably be your best recourse, but you won’t get money out of it.

I’m not a lawyer. I’m sure the lawyers on the board will correct me if my understanding of med mal is off.

 

[longsally111]

I am looking for legal advice, not useless commentary from an ER nurse. Your right, something does not jibe and it is the nonsense that you are posting. First of all, if you had read the initial post completely, you would have seen that I stated that both my parents are medical doctors. Therefore they are qualified to diagnose my condition.

Second, again if you read the second post completely, you would have noticed that my mother examined me when she came to visit me. She practices in another state. this was omitted

Since I came in as an acute care patient, was immediately scheduled for surgery and she does not live in the same state as I do.....who would she recommend??? One of her co-workers to fly across the country??? she lives in another statre but just happenned to be there for an acute admission....hhhmmmmmm
Third, why are you trying to diagnose my ileus (this is the correct spelling and I would have thought if you are an ER nurse who knows so much you would have corrected me since you are trying so hard to do so now) with a pediatric condition? this was your spelling from first post, thank you
If you were truly an ER nurse, a meconium obstruction affects infants and as I am 37, I haven't produced meconium in 37 years. Also since I do not have cystic fibrosis, it is quite unlikely that I have a meconium obstruction. Meconium is not produced out of the womb.
I am aware of this but figured you were uneducated enough that I should explain ALL types.
Fourth, you state that I do not know what was done in the OR, but once again if you had read the post properly, you would have read that the surgeon informed me that this is what he had done.
again, he might have been thinking of someone else, you do not know wothout records!!!!!!!!!!!Why would he tell me that he performed an additional procedure if he did not??? [ I just answered that B]As I stated, I now have a hernia in the exact area where I have an incision for the previous hernia repair, which I am seeking legal advice as to whether I might possibly have a case.[/B] would this be the hernia that he supposedly repaired?
Fifth, you state that they treated the ileus correctly. I never stated that I was not given the correct treatment for the ileus while I was in the hospital. However, it was medically dangerous to release me before my bowels began to function properly after they had diagnosed an ileus, because my bowels could have perforated which could have lead to a serious infection or my death. That is your opinion, not a medical one If you truly are an ER nurse, you should have learned this in training. I did, I am surprised your medical parents didnt tell you this. Why werent they fighting as patient advocates for your stay ?Sixth, it most certainly IS illegal to question a patient about their of lack of insurance or ask for payment of an acute care patient that needs emergency surgery. Although a gallbladder obstruction is not commonly fatal, it is obviously serious to warrant emergency surgery. again, prove he said it. Your word against his
It is obvious that you do not read completely before you respond to the posters that ask for LEGAL not MEDICAL advice. So what I suggest is that you leave the legal advice to the attorneys and the medical advice to the doctors. You are not even qualified to give medical advice as a nurse. I saw in another post from you that you worked part-time in a doctor's office. Funny since you now state that you are an ER nurse. Look who diesnt read correctly. That post states I worked there 8 years ago, haha. You should talk.

If someone on this forum needs information on how to take a rectal temperature from a drunk that was in a bar room brawl (as this is typically what you see in the ER), that is when you should post your limited medical knowledge. But since this is a legal forum, you really need to leave the answers to those that have a legal education. If you want to be a doctor or attorney, I suggest that you quit your job and go back to school. In the meantime, keep your mouth closed!!!!!

sorry, if you are going to post 1/2 truths on this forum, omit information and then get upset, too bad for you,. You have no case. sorry charlie.

 

[ochiatl]

Las 365

Thank you for your answer. I do have a problem with his ethics and am going to file a complaint with the medical board, but my real issue is the hernia. It is now uncomforable and painful. I just don't understand he could have done a repair on a hernia that I never knew I had and that had never been diagnosed but now I have a large visible and uncomfortable hernia. I guess I want to know if there is a way to prove that he was negligent without having to be opened up again first so that I do not have to pay for another surgery. I am afraid that this will be considered a pre-exhisting condition and that my current insurance will not cover the cost of the repair which will be financially devastating.

 

[longsally111]

thank you

If your husband had just switched jobs, you would have still been eligible for insurance under the cobra plan. The problem you have is that so many people get on here and tell only part of the story. They accidentally omit the portions of the story that would negatively affect people’s opinions. If both of your parents are physicians, then who better to ask if you were a victim of malpractice than them? If everything you posted is EXACTLY as it happened and the entire truth then yes you would have a case. But I sense that it’s not the entire truth!

thank you agreeing with me,. It is obvious something isnt right here

 

[ochiatl]

LongSally111

You are truly an idiot!!!!!!! If I stated that she came to visit me last month and the surgery was last year, that obviously means that she does not live in the same area as I do. You can't figure that out???? No where in my post did I say she was there for my admission into the hospital. Where did you get that from ????

As a nurse, I would not expect you to use the same incorrect spelling that I did, but I guess that is giving you too much credit. Why would you need to explain all obstructions, including pediatic conditions, when I specifically stated that the doctor diagnosed an ileus????? I do not need a medical education from you, I want legal advice from someone with legal training. What do you not understand about that???

Also, what kind of surgeon would tell you he performed a procedure on you that he performed on someone else???? That statement is ridiculous. I hope that the doctors you work with do not make these type of mistakes regularly. Regarding them releasing me before the ileus had been taken care of......that is a medical opinion, that of my parents and brother as well, who all have the educational training to state such. YOU DO NOT!!!!! Regardless, this is not why I am asking if I have a case, it is just part of the medical history. My question concerning malpractice has only to do with the hernia. You then say I need to prove he asked me about payment. What does that have to do with medical malpractice????!!!!! I told you that it was illegal and you incorrectly stated that it was not!!!!!! You were wrong!!!!!

I have not posted any half truths. My stating that you posted that you working in a doctor's office part-time was not a half truth, 8 years ago or not. You did not state in that post in what capacity you worked, and considering your need to exclaim that you are an ER Nurse to me and your obvious incorrect statements, I have serious doubts as to whether that is true. In your previous posts you have posted useless answers that have nothing to do with the issue at hand. Others however have told me that there is a possibility of a case so your opinion, which has proven to be absolutely idiotic, has no merit. Keep your inane answers to yourself.

 

[ochiatl]

LongSally111

Quote:
Originally Posted by JustAPal00
If your husband had just switched jobs, you would have still been eligible for insurance under the cobra plan. The problem you have is that so many people get on here and tell only part of the story. They accidentally omit the portions of the story that would negatively affect people’s opinions. If both of your parents are physicians, then who better to ask if you were a victim of malpractice than them? If everything you posted is EXACTLY as it happened and the entire truth then yes you would have a case. But I sense that it’s not the entire truth!


thank you agreeing with me,. It is obvious something isnt right here



Once again you have proven that you are unable to understand what you read. JustAPal00 did not agree with you. He stated that if everything I stated was the truth, which it is, then I do have a case. Yet you, the one with no legal training and obviously limited medical training, have continuously stated that I do not!!!!! Just because he stated that he sensed that something may have been left out, does not mean that his assumption is correct nor that he is agreeing with you. How on earth are you able to follow a doctor's orders if you are unable to comprehend the posts on this forum???? Back off. I don't want or need any information from you as you have nothing of value to offer.

 

[las365]

I guess I want to know if there is a way to prove that he was negligent without having to be opened up again first so that I do not have to pay for another surgery.

I don't think so, but in addition to not being a lawyer, I am not a doctor.

 

[longsally111]

LongSally111

You are truly an idiot!!!!!!! If I stated that she came to visit me last month and the surgery was last year, that obviously means that she does not live in the same area as I do. You can't figure that out???? [/B] No where in my post did I say she was there for my admission into the hospital. Where did you get that from ????
As a nurse, I would not expect you to use the same incorrect spelling that I did, but I guess that is giving you too much credit. Why would you need to explain all obstructions, including pediatic conditions, when I specifically stated that the doctor diagnosed an ileus????? I do not need a medical education from you, I want legal advice from someone with legal training. What do you not understand about that???

Also, what kind of surgeon would tell you he performed a procedure on you that he performed on someone else???? That statement is ridiculous. I hope that the doctors you work with do not make these type of mistakes regularly. Regarding them releasing me before the ileus had been taken care of......that is a medical opinion, that of my parents and brother as well, who all have the educational training to state such. YOU DO NOT!!!!! Regardless, this is not why I am asking if I have a case, it is just part of the medical history. My question concerning malpractice has only to do with the hernia. You then say I need to prove he asked me about payment. What does that have to do with medical malpractice????!!!!! I told you that it was illegal and you incorrectly stated that it was not!!!!!! You were wrong!!!!!

I have not posted any half truths. My stating that you posted that you working in a doctor's office part-time was not a half truth, 8 years ago or not. You did not state in that post in what capacity you worked, and considering your need to exclaim that you are an ER Nurse to me and your obvious incorrect statements, I have serious doubts as to whether that is true. In your previous posts you have posted useless answers that have nothing to do with the issue at hand. Others however have told me that there is a possibility of a case so your opinion, which has proven to be absolutely idiotic, has no merit. Keep your inane answers to yourself.

Keep writing honey. You contradict yourself over and over. lets hope you do not show up in my er screaming about how your parents are dr's so on****************************PLEASE keep to the surgeon who worked on you. BTW, did you pay his bill or stiff him?