Do I have a medical malpractice case?

[OneSon]

What is the name of your state? New Mexico

I am a Cryptogenic Liver Disease patient. I had to have a cyst removed from my right ovary. I was referred to a Dr. that could do this procedure for me by my primary care physician. While going over the way the procedure would go it was also mentioned to me that I could have a tubal litigation done at the same time which required a small incision at my belly button area. I agreed to have both procedures done.
On the day of the surgery the Dr. had started with incision by using a camera to find the exact place of the cyst. When cutting the incision the Dr. cut a main artery blood vessel. When he hit that there was alot of blood coming from that area. He panicked and had to make another incision (cut) that went from the top of my belly button down to my pelvic line. My husband and both of my parents were in the waiting area. The Dr. eventually went and told them what had happened.

My question is, shouldn't the Dr. have consulted with my husband about what to do and if he should proceed with the surgery? I feel that before he went further with the surgery he should of said something to my husband. He hurridly did the cut and I don't believe that it was necessary for it to be handled the way it was. I spent 3 days in the hospital from this. He didn't ever consult my transplant center as to what pain medication I could be given or anything else. While in the hospital I was given Percoset and Motrin, which I know for a fact that I was not supposed to have the Motrin. He did take out my right ovary and I was in pain and still am to this day and my surgery was on May 16, 2006.

Meanwhile I do have Medicare and private insurance which he was paid for. My hospital bill is due for the 3 days while I was there and that's not including the Anesthesialogist, lung Dr. or any other Dr.'s or care that was given. I don't feel that I should have to pay for something that was not suppose to happen. When I went for my follow up the first time they took out 4 staples. I was to return another week later to get the rest of them out which I did and had meanwhile still have some pain on the inside of my belly button and come to find out it was a staple that was left in there where the skin had started to grow over it so I went back to have it removed. I went one more time to see how well I was healing and told them I still had pain and on that visit he prescribed me some more pain medication which was Vicodin. On that last visit I felt like he should of went back up in there to check to see if everything was healing as normal but he did not and told me to stay well and good luck with my transplant.

As of right now, I'm still tender. I have some pain on my right side and the incision is welping up which I understand it takes time to heal but it doesn't appear to look as though it will lighten in color or be a fairly light looking scar.

I feel that this was done based on someone who did not know how to take care of a situation and make the right decisions. My husband should of been consulted and I should have been told about the risks prior but it was explained to me that it's not a big deal to do and I'll feel better having the tubal litigation. I regret using this Dr. I was told that accidents happened and unfortunately it happened to me and that's something noone likes to hear. It was just carelessness in my case and I shouldn't of ever had to be in the hospital and have the bills to follow by a Dr. that didn't know what he was doing.

I just wanted to give you a general idea of what happened as there is more to the story but can I file a medical malpractice suit or am I just wasting my time? I would like to know what my chances are and I really have noone to talk to or ask to see if suing him would be worth my time.

 

[abaga]

You wanted the Dr. to just let you lay there and bleed? He may have had to make a larger incision to repair the bleeding, and while in there, performed the rest of the surgery.

I've had surgery before and had a suture or staple left behind. It is not a big deal. Further, you just had surgery six weeks ago. The pain does not just vanish the moment you are sewn back up. Heck, I had my pancreas removed almost two years ago, and I still have pain around the incision from time to time. More than likely this is from adhesions, which is a normal part of the healing process.

I am not an attorney, so do stand by. While I do feel people should be able to sue when they are given substandard care by a physician (When I was 10, I was in the hospital for three weeks for an appendectomy...due to the surgeon not believing me when I said I was in extreme pain...even with a white count through the roof and a fever of 104! My parents didn't sue, but probably should have. I almost died because of the jerk, as did one of his patients down the hall from me at the time...from the same thing!!), not every case is cause for a lawsuit. Your surgeon went in to do the surgery you consented to. He fixed the bleed and proceeded with the surgery.

What is the name of your state? New Mexico

I am a Cryptogenic Liver Disease patient. I had to have a cyst removed from my right ovary. I was referred to a Dr. that could do this procedure for me by my primary care physician. While going over the way the procedure would go it was also mentioned to me that I could have a tubal litigation done at the same time which required a small incision at my belly button area. I agreed to have both procedures done.
On the day of the surgery the Dr. had started with incision by using a camera to find the exact place of the cyst. When cutting the incision the Dr. cut a main artery blood vessel. When he hit that there was alot of blood coming from that area. He panicked and had to make another incision (cut) that went from the top of my belly button down to my pelvic line. My husband and both of my parents were in the waiting area. The Dr. eventually went and told them what had happened.

My question is, shouldn't the Dr. have consulted with my husband about what to do and if he should proceed with the surgery? I feel that before he went further with the surgery he should of said something to my husband. He hurridly did the cut and I don't believe that it was necessary for it to be handled the way it was. I spent 3 days in the hospital from this. He didn't ever consult my transplant center as to what pain medication I could be given or anything else. While in the hospital I was given Percoset and Motrin, which I know for a fact that I was not supposed to have the Motrin. He did take out my right ovary and I was in pain and still am to this day and my surgery was on May 16, 2006.

Meanwhile I do have Medicare and private insurance which he was paid for. My hospital bill is due for the 3 days while I was there and that's not including the Anesthesialogist, lung Dr. or any other Dr.'s or care that was given. I don't feel that I should have to pay for something that was not suppose to happen. When I went for my follow up the first time they took out 4 staples. I was to return another week later to get the rest of them out which I did and had meanwhile still have some pain on the inside of my belly button and come to find out it was a staple that was left in there where the skin had started to grow over it so I went back to have it removed. I went one more time to see how well I was healing and told them I still had pain and on that visit he prescribed me some more pain medication which was Vicodin. On that last visit I felt like he should of went back up in there to check to see if everything was healing as normal but he did not and told me to stay well and good luck with my transplant.

As of right now, I'm still tender. I have some pain on my right side and the incision is welping up which I understand it takes time to heal but it doesn't appear to look as though it will lighten in color or be a fairly light looking scar.

I feel that this was done based on someone who did not know how to take care of a situation and make the right decisions. My husband should of been consulted and I should have been told about the risks prior but it was explained to me that it's not a big deal to do and I'll feel better having the tubal litigation. I regret using this Dr. I was told that accidents happened and unfortunately it happened to me and that's something noone likes to hear. It was just carelessness in my case and I shouldn't of ever had to be in the hospital and have the bills to follow by a Dr. that didn't know what he was doing.

I just wanted to give you a general idea of what happened as there is more to the story but can I file a medical malpractice suit or am I just wasting my time? I would like to know what my chances are and I really have noone to talk to or ask to see if suing him would be worth my time.

 

[seniorjudge]

Q: Do I have a medical malpractice case?

A: Since you did not indicate any permanent and serious physical damages, no.

 

[rmet4nzkx]

There may be complications to any surgery and surly you were given informed consent prior to surgery. It would also seem wise to have the TL while they were removing the cyst, however you did not state the type of ovarian cyst removed? As was stated, did you really expect the surgeon to ask your husband for permission to stop the bleeding from a nicked artery?

Have you been tested to A1AD which can be a cause of your liver disease and which affects vW factors VIII & XIa, did you consult your GI or hematologist prior to surgery? Do you know your pheno type?

While there was a complication from surgery it may have been due to other factors.

 

[ellencee]

What is the name of your state? New Mexico

I am a Cryptogenic Liver Disease patient. I had to have a cyst removed from my right ovary. I was referred to a Dr. that could do this procedure for me by my primary care physician. While going over the way the procedure would go it was also mentioned to me that I could have a tubal litigation done at the same time which required a small incision at my belly button area. I agreed to have both procedures done.
On the day of the surgery the Dr. had started with incision by using a camera to find the exact place of the cyst. When cutting the incision the Dr. cut a main artery blood vessel. When he hit that there was alot of blood coming from that area. He panicked and had to make another incision (cut) that went from the top of my belly button down to my pelvic line. My husband and both of my parents were in the waiting area. The Dr. eventually went and told them what had happened.

My question is, shouldn't the Dr. have consulted with my husband about what to do and if he should proceed with the surgery? I feel that before he went further with the surgery he should of said something to my husband. He hurridly did the cut and I don't believe that it was necessary for it to be handled the way it was. I spent 3 days in the hospital from this. He didn't ever consult my transplant center as to what pain medication I could be given or anything else. While in the hospital I was given Percoset and Motrin, which I know for a fact that I was not supposed to have the Motrin. He did take out my right ovary and I was in pain and still am to this day and my surgery was on May 16, 2006.

Meanwhile I do have Medicare and private insurance which he was paid for. My hospital bill is due for the 3 days while I was there and that's not including the Anesthesialogist, lung Dr. or any other Dr.'s or care that was given. I don't feel that I should have to pay for something that was not suppose to happen. When I went for my follow up the first time they took out 4 staples. I was to return another week later to get the rest of them out which I did and had meanwhile still have some pain on the inside of my belly button and come to find out it was a staple that was left in there where the skin had started to grow over it so I went back to have it removed. I went one more time to see how well I was healing and told them I still had pain and on that visit he prescribed me some more pain medication which was Vicodin. On that last visit I felt like he should of went back up in there to check to see if everything was healing as normal but he did not and told me to stay well and good luck with my transplant.

As of right now, I'm still tender. I have some pain on my right side and the incision is welping up which I understand it takes time to heal but it doesn't appear to look as though it will lighten in color or be a fairly light looking scar.

I feel that this was done based on someone who did not know how to take care of a situation and make the right decisions. My husband should of been consulted and I should have been told about the risks prior but it was explained to me that it's not a big deal to do and I'll feel better having the tubal litigation. I regret using this Dr. I was told that accidents happened and unfortunately it happened to me and that's something noone likes to hear. It was just carelessness in my case and I shouldn't of ever had to be in the hospital and have the bills to follow by a Dr. that didn't know what he was doing.

I just wanted to give you a general idea of what happened as there is more to the story but can I file a medical malpractice suit or am I just wasting my time? I would like to know what my chances are and I really have noone to talk to or ask to see if suing him would be worth my time.

OK. This is taking it way too far. Do you honestly expect a surgeon to run from the operating room, thereby abandoning the patient for at least half an hour, and ask a 'husband' if the husband thinks the surgeon should stop the bleeding because, gasp, the patient is going to have a freakin' scar?!

Honey, get your damn transplant and come back and bitch about the scar.

I'll be waiting for you...

EC

 

[rmet4nzkx]

OK. This is taking it way too far. Do you honestly expect a surgeon to run from the operating room, thereby abandoning the patient for at least half an hour, and ask a 'husband' if the husband thinks the surgeon should stop the bleeding because, gasp, the patient is going to have a freakin' scar?!

Honey, get your damn transplant and come back and bitch about the scar.

I'll be waiting for you...

EC

I had to keep from laughing as I typed my response, I was wondering when you would find this one, lol
Maybe she can get a tummy lift when she gets her transplant and that will get rid of her scar.

 

[OneSon]

OK. This is taking it way too far. Do you honestly expect a surgeon to run from the operating room, thereby abandoning the patient for at least half an hour, and ask a 'husband' if the husband thinks the surgeon should stop the bleeding because, gasp, the patient is going to have a freakin' scar?!

Honey, get your damn transplant and come back and bitch about the scar.

I'll be waiting for you...

EC

I don't recall asking for your opinion but here goes.


First of all he was using a camera to guide him to know where he was suppose to go and cut. Second, I'm well aware of what type of scar I'm going to have from a transplant. And now will have another one that wasn't necessary in the first place had he been watching what he was doing. That's not the point. This scar was not from a transplant. It's a cut that shouldn't of ever happened in the first place due to having a camera to guide. Come to find out he only needed to cut above my belly button and then use the camera going in. So because he wasn't watching what he was doing is why I ended up with an incision and an incision site that was done sloppy and out of panic because he didn't know what the hell he was doing and should of contacted my transplant center which is the Mayo Clinic prior to doing the surgery which I wasn't aware of before the surgery that he didnt.

Anytime a Dr. has to deal with a patient that has an illness or health issues at hand, they should consult with the Dr.s of that patient and at least know what to do if something like this happens. He acted on it in the wrong way.

The gripe wasn't only the incision. I'm talking about the type of care that should have been given to me under my circumstances.

And another thing, you're nothing but a smart ass that doesn't know what the hell you're talking about. I asked a question. (Answer only,) not for an opinion from someone who has nothing better to do than put someone else down. It only shows what type of person you really must be to refer to my situation as a "gripe or bitch."

By the way, I won't look at my transplant scar as a bitch, I'll be looking at it like a blessing that someone gave me the chance to fulfill the rest of my life. And that my friend is a whole lot more than you might ever see.

If you don't have an answer, NOT an opinion for any of the questions posted on this forum, then keep your mouth shut!

P.S. Don't hold your breath waiting on me you, might need CPR to revive you and you may come across someone that doesn't know what they're doing. Have you ever thought about that?

 

[OneSon]

I had to keep from laughing as I typed my response, I was wondering when you would find this one, lol
Maybe she can get a tummy lift when she gets her transplant and that will get rid of her scar.

I'm so glad you can find humor in this. That must make you feel real good about yourself. It's really not funny at all. I'll tell you like I told the other smart ass person (rmet4nzkx) that I didn't ask for an opinion. I asked a question.

When I do receive my transplant, I won't look at it like a gripe or bitch. I will look at it like a blessing that someone gave me a second chance of fulfilling the rest of my life.

The inscision is the problem, not the scar. The scar was unnecessary. He had a camera to guide him through this procedure and he wasn't paying attention to what he was doing at the time. If he was, he would of known that the blood vessel was there and could of avoided it. And he also should of consulted my transplant center as to what if there were problems and what medications should be used. The consulting of this procedure was not done prior to the surgery and when a patient is under a Dr.'s care and in my case, the transplant center at the Mayo Clinic, the Dr. who did my surgery should have communicated with them for his own knowledge in case something went wrong so this type of thing could be avoided if at all possible. He made the incision based on a "scare" and made a sloppy one of that.

So I guess to say to you, making a joke about a tummy lift, etc. was a rude remark. This just shows what type of a person you really are. You evidentally have not been through any type of major surgery's or health scares so it's not your place to say or put someone else down using humor one way or another. I hope you're never faced with a situation like having a transplant, or anything major in your life. If you were or are, you wouldn't be so quick to judge others and make fun or go along with remarks of this kind.

You should work on being a better person than to follow up with being a comedian. It's not working for you.

 

[OneSon]

I was diagnosed with Cryptogenic Liver Disease when I was 33. I had earlier symptoms but didn't realize that's what they were from. Cyrptogenic is when they don't have an explanation as to how someone would have liver disease. They test and test but some people do get this and there's really no explanation as to why. They just know that it is common that they wouldn't know how it develops. It does take years for it to get to a point where the symptoms are very noticable for them to do liver function tests and with that they can determine about how long and what damage has been done over the years. I'm dealing with end-stage of this disease as of now. The cyst had to come out before it got any bigger which it is was, because it would have ruptured and caused other problems.
I did sign a consent form prior to surgery. It was signed with the understanding that my husband could stand in to make decisions if needed to be. The risk factors weren't told to me prior when I had the consultation. It was explained to me that it would be a little incision that would fade over time and that it wasn't a big deal. He did liver function blood work tests to make sure he could proceed. He didn't consult with my transplant center prior. I told my transplant center that I would be having the cyst removed and on what date because at my last visit with them they wanted me to make the appt. to have it done and taken out so they were aware of the surgery. It was at their request. He discussed with me the option of tubal litigation since he was going to be there anyway and I agreed based on blood work and how the procedure was to work. The use of the camera was to guide him through the inside. It seems to me that if he was paying attention and looking around the inside of me that he would have seen the blood vessel and therefore it could of been avoided. Because he didn't is why I was bleeding and therefore he had to make the incision which still only should of been at the most about a 1 or 1 1/2" incision to stop the bleeding. He panicked and then cut making a sloppy cut and a wider cut than it needed to be. There was time to consult my husband. I say this because with the incision being as big as it was he already had plenty of space to know where the bleeding was coming from which was at the first incision site just above my belly button. And if he was going to cut this long and wide he should of just went ahead with a hysterectomy. But we that wasn't discussed but had he consulted my husband, he would of made the decision of what should have or could have done. I'm not out to tarnish his reputation. I just don't feel that it was necessary for this to have been a big deal. I had a hospital stay of 3 days and the care to go along with it and I don't feel that I should have to pay all of these Dr.'s etc. for something that could of been avoided. Maybe I should go for a second opinion or something. I only came to this forum to ask if it would be a waste of time or if I really had a leg to stand on instead of I've been critized for asking.

Thanks for your input.

There may be complications to any surgery and surly you were given informed consent prior to surgery. It would also seem wise to have the TL while they were removing the cyst, however you did not state the type of ovarian cyst removed? As was stated, did you really expect the surgeon to ask your husband for permission to stop the bleeding from a nicked artery?

Have you been tested to A1AD which can be a cause of your liver disease and which affects vW factors VIII & XIa, did you consult your GI or hematologist prior to surgery? Do you know your pheno type?

While there was a complication from surgery it may have been due to other factors.

 

[janedoe23]

I don't get it!!! A DR performed surgery and accidentally cut a main artery and then in an attempt to control the bleeding made a bigger incision. He successfully stopped the bleeding and now you are angry because he did that???????

I'd like to shake the hand of your DR for saving the life of yet another moron! Some people are just so ungrateful!

 

[rmet4nzkx]

I was diagnosed with Cryptogenic Liver Disease when I was 33. I had earlier symptoms but didn't realize that's what they were from. Cyrptogenic is when they don't have an explanation as to how someone would have liver disease. They test and test but some people do get this and there's really no explanation as to why. They just know that it is common that they wouldn't know how it develops. It does take years for it to get to a point where the symptoms are very noticable for them to do liver function tests and with that they can determine about how long and what damage has been done over the years. I'm dealing with end-stage of this disease as of now. The cyst had to come out before it got any bigger which it is was, because it would have ruptured and caused other problems.
I did sign a consent form prior to surgery. It was signed with the understanding that my husband could stand in to make decisions if needed to be. The risk factors weren't told to me prior when I had the consultation. It was explained to me that it would be a little incision that would fade over time and that it wasn't a big deal. He did liver function blood work tests to make sure he could proceed. He didn't consult with my transplant center prior. I told my transplant center that I would be having the cyst removed and on what date because at my last visit with them they wanted me to make the appt. to have it done and taken out so they were aware of the surgery. It was at their request. He discussed with me the option of tubal litigation since he was going to be there anyway and I agreed based on blood work and how the procedure was to work. The use of the camera was to guide him through the inside. It seems to me that if he was paying attention and looking around the inside of me that he would have seen the blood vessel and therefore it could of been avoided. Because he didn't is why I was bleeding and therefore he had to make the incision which still only should of been at the most about a 1 or 1 1/2" incision to stop the bleeding. He panicked and then cut making a sloppy cut and a wider cut than it needed to be. There was time to consult my husband. I say this because with the incision being as big as it was he already had plenty of space to know where the bleeding was coming from which was at the first incision site just above my belly button. And if he was going to cut this long and wide he should of just went ahead with a hysterectomy. But we that wasn't discussed but had he consulted my husband, he would of made the decision of what should have or could have done. I'm not out to tarnish his reputation. I just don't feel that it was necessary for this to have been a big deal. I had a hospital stay of 3 days and the care to go along with it and I don't feel that I should have to pay all of these Dr.'s etc. for something that could of been avoided. Maybe I should go for a second opinion or something. I only came to this forum to ask if it would be a waste of time or if I really had a leg to stand on instead of I've been critized for asking.

Thanks for your input.

I am not going to respond to your other pose because I understand that you are emotonally invested and frustrated andthus you are having difficulty accepting objective opinions. I understand liver disease and I asked a specific question because the answer to that question would help me determine whether or not you had any real neglect and if possible which provider was responsible. You failed to answer my question re were you tested for A1AD and if so, what was your phenotype? I asked that because the type of liver disease you have is frequently caused by this genitic deficiency even when they don't have an identified cause, in the case of liver disease affects 2 different clotting factors vW VIII and XIa, this is not a common liver function test so the surgeon would not have ordered labs for this but your GI/transplant doc should have run the test in the past when they were looking for the cause, however sometimes once liver disease develops to the later stages, it may not be necessary beause what ever the cause, you need the transplant anyway. In your case you needed further surgery so it would have been helpful to know if you had this further complication because if you had low serum levels of A1AT and in turn vW factor VIII & XIa, you would also have more of a tendency to bleed, to bleed without trauma or to bleed on a delayed basis, so your gut would have been "friable" to start with and in fact even the pressure from the air that is pumped into your gut or pressure from the initial incision could cause the bleed and because these factors are acute reactants eventually you would clot as your body responded on a delayed basis and the repair was made. That is why I asked what your pheno type was because testing the serum level may not be sufficient. If it were known prior to surgery that you had liver disease caused by A1AD and your clotting factors were low, then you could have been given an infusion of a clotting factor and your surgeon could have proceeded with either form of surgery. Your history of having symptoms for years suggests such an eitiology. That is also why I asked if you had consulted a hemotologist.

I wasn't joking re the tummy lift. When you have your liver transplant you might be able to talk them into a tummy lift and remove most of the scar at the same time.

If you happen to have A1AD and receive a whole liver transplant, then you will take on the genetic characteristics of the donor so they will want to test the donor liver to be sure it is not also deficient. If you are a smoker this can affect you several ways. So please answer my question, have been tested for A1AD and if so, your phenotype, if not get tested! So far I see not cause of action against your surgeon.

 

[ellencee]

I don't get it!!! A DR performed surgery and accidentally cut a main artery and then in an attempt to control the bleeding made a bigger incision. He successfully stopped the bleeding and now you are angry because he did that???????

I'd like to shake the hand of your DR for saving the life of yet another moron! Some people are just so ungrateful!

It's all about the money! The next time you go to the doctor or to the hospital, nearly half of your charges will be directly related to recouping expenses of defending lawsuits, professional liability insurance premiums, and yes, even the awards that successful litigants "win". Am I against using the courts to hold professionals accountable? No; but in saying that, I mean all professionals and that includes these mega-million dollar ambulance-chasing personal injury lawyers and medmal attorneys of the same caliber...and their lusting-for-money clients.

EC

 

[OneSon]

I don't get it!!! A DR performed surgery and accidentally cut a main artery and then in an attempt to control the bleeding made a bigger incision. He successfully stopped the bleeding and now you are angry because he did that???????

I'd like to shake the hand of your DR for saving the life of yet another moron! Some people are just so ungrateful!

Speak for yourself. Did you even read all of the information and replies? This wasn't a life or death situation. Far from it. And I'm not angry. It was a question for crying out loud. You know nothing about me so don't call me ungrateful. This has nothing to do with what you think of me or society. Stay on the subject MORON.

The key point is "accidently". He had the use of an instrument to guide him. There shouldn't of been an "accident."

Feel free to come to New Mexico and shake his hand. Who cares! You**************..
How pathetic that you feel you have to critisize someone to get your point across.

Go to another thread that really needs your attention like under Injuries and Damage Law, and go to the defective products thread. You're opinion may matter there!

 

[OneSon]

It's all about the money! The next time you go to the doctor or to the hospital, nearly half of your charges will be directly related to recouping expenses of defending lawsuits, professional liability insurance premiums, and yes, even the awards that successful litigants "win". Am I against using the courts to hold professionals accountable? No; but in saying that, I mean all professionals and that includes these mega-million dollar ambulance-chasing personal injury lawyers and medmal attorneys of the same caliber...and their lusting-for-money clients.

EC

As of matter of fact, this isn't about the money. The only thing that I want is to not be charged for something that didn't have to happen. Why should I pay for a Dr and Dr.'s for their mistakes. You don't expect for them to pay me**************....right? They are Dr.s for a reason and that's to provide the medical care of a patient and when they mess up they are not held liable for their flaws or accidents or mistakes, which ever you prefer to use.

This isn't a ambulance chasing story. Like I said I'm not out to tarnish his reputation or hurt him professionally, but I'm not the only "mistake" he has made. He's getting on up in his age and he doesn't need to perform surgeries like this if he doesn't know how to handle them when something goes wrong.

The lack of communication and service on his part is what I'm questioning. I asked the appropriate questions as I have been a health care patient for alot of years so I know what to ask and if I feel that my questions are answered to my standards then we proceed. Because he didn't perform this surgery in the best way, it leaves me to question if I should file a law suit. And the key word is "question"

 

[ecmst12]

Accidents happen. Doctors are human. Accidents DO NOT always (or even usually) equal malpractice. I think that's what you're not getting.