Hernia after faulty repair/hospital-borne infection

[FLRussianHubby]

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

For starters, since before this story starts, I have been deemed uninsurable and have not been able to get medical insurance for ANY cost. This is due to sleep apnea and high cholesterol. For the record, I'm 39 years old.

About 2 years ago, the saga began with diverticulitis that ruptured requiring emergency surgery and a colostomy bag. After the surgery, I was released from the hospital even though I had major swelling in the surgical wound (even documented by one of the nurses, who questioned my being released). 2 days later, I went to a different emergency room (closer to where I was residing with family while healing) with major pains and a fever. After a very minimal exam, they sent me home telling me it was nothing and to take a pain meds. The next day I was not able to even get up; my family drove me to the original hospital and was re-admitted (for a total of a month) with a major infection.... An infection that there was signs of before I was even discharged.

Fast-forward a year. Colostomy reversal surgery, plus a grapefruit-sized hernia repair in the surgical wound. For the hernia, the doctor said he'd be putting in a "mesh" as part of the procedure. The reversal/hernia repair went ok. BUT, after the surgery, the surgeon informed me that he did NOT use a mesh after all.... I was discharged and 3 days later went back in due to ANOTHER infection in the wound; again due to timing, it was caught in the hospital. Was re-admitted for 4 weeks. During that time, a second area showed signs of infection and the wound actually opened back up (on it's own). Also, I developed a blood clot in one of my legs. They used a wound vac (for a total of 9 weeks) to help the wound heal. I noticed that the fluids in the wound vac were cloudy/milky. A nurse friend outside the area said that was a sign of an infection, but when I asked the hospital staff, the said it was normal. I was discharged again still with the wound vac and still with the milky fluid output. After about 2 weeks out, my homecare nurse discovered a "tunnel" that formed in the wound, over 12cm long.... She sent me back to the hospital and they determined that not only was the wound AGAIN infected but it had formed a severe abscess. (but in a different location, with a different type of infection). They drained the abscess (VERY painful procedure) while I was in a CT scan machine. Within about a day of that draining and antibiotics, the fluid in the wound vac was completely clear (and of much less volume), indicating that my nurse friend was correct in that the color was a severe warning sign. After another week I was discharged and ultimately healed....

BUT.... a few months after healing, I developed ANOTHER hernia in the exact location where the 12cm tunnel had formed. Apparently, the infection had weakened my abdominal wall and the wound did not heal correctly. The surgeon has been watching it and recently requested approval for surgery to repair it. In addition, the original hernia has re-opened. (remember that he did NOT use a mesh to repair it previously). Both are growing and the first hernia is currently as large as both of my hands put together (9" x about 5") The two hernias are growing together and eventually the entire wound will be one large hernia extending from my breast bone all the way to my waistline. Based on how fast it's growing, I'm estimating about 6 months before that happens....

I was just informed today that the hospital (a PUBLIC hospital) has denied my surgery. I have no insurance, cannot get insurance, and am severely underemployed. I have not had a decent paying job in 3 years. I have 25 years of IT experience and have sent out 100's of resumes but cannot find a job. I qualify for indigent care (which is what paid for the original surgery). The indigent care program is what rejected my surgery, saying it is medically unnecessary (even though my surgeon says it definitely IS necessary). (to add insult to injury, I am a former 5-year employee of the very hospital that is refusing to do my surgery--I designed the actual computer systems that they are using to process my patient records!)

At this point, the hernia has gotten painful enough that it is having a negative effect on me, including limiting my ability to even stand for more than about 30 minutes at a time. It WILL get worse (I'm starting to see signs that my small intestine is falling into it, for one). From what I've researched, it will eventually become very life-threatening. My research also shows that the longer treatment is delayed, the more likely that it will NOT be a successful surgery.

I am considering some sort of lawsuit, as the hernia would probably not have happened if I did not get hospital-borne infections (3 in total), if they had used a mesh for the hernia repair like they originally said they would do, and if they would have properly detected the infections quickly when they did develop. At this point, I just want the hernia fixed properly. I don't care about the money--I just want treatment.

Does anyone have any comments? Do I have a case?

 

[ftlauderdalelaw]

hernia surgery gone awry

Wow, that is quite a saga. And very upsetting that you used to work in the hospital. I'm concerned how some staff members seemed to find something wrong with your state of healing while some dismissed you as OK. You should seek out the aid of an attorney and also have them acquire the hospital records. Hopefully everything is thoroughly documented, though I doubt people you heard make negative comments jotted anything down. However, this condition seems to be worsening for you, and it seems you may not have any other choice--if it's truly growing at the rate you say then your wellbeing and life are at risk.

SInce you live in Florida, I thought it significant to mention that medical malpractice in Florida is scarily common. Medical malpractice can come in many forms, including:

* Failure to diagnose, or misdiagnosis of a disease or medical condition;
* Surgical errors
* Medication errors
* Nursing home abuse
* Failure to provide appropriate treatment for a medical condition;
* Unreasonable delay in treating a diagnosed medical condition;


Victims of negligent physicians, nurses, and other health care providers and their families sometimes have their lives destroyed or damaged by the very people they trusted for protection. The mistakes made have serious consequences and are sometimes even fatal.

 

[justalayman]

yes, speak with an attorney. You have a lot of complex situations that will not make any determination easy.


While infections are a known complication and generally not the basis for a claim of negligence, that isn't always true. If it is determined there was a failure to treat where based upon the presentation it was such that a failure would cause additional injury, there is the possibility of negligence (malpractice).

As far as the hernia repair; if the treatment you received is acceptable given the presentation, the lack of using mesh is not a basis for malpractice.


The thing that bothers me is; hernias generally worsen due to activity that causes them to get worse. They do not typically just "grow" without some action that causes the supporting muscle to be torn further. As well, even after a repair, that particular area is prone to re-injury. If you have been acting in some manner to cause the worsening of the hernia, you cannot blame that on the medical treatment you have received to date.

When a person has a hernia, they must be proactive and not act in such a manner that it will exacerbate the problem. As well, wearing proper medical aids to constrain the area the hernia is will help prevent further injury and discomfort.


and un-insurable due to sleep apnea and high cholesterol? Unless both of those maladies are extreme I cannot see them making you un-insurable. I would tend to suggest it is what is contained in the rest of your post that is presenting the problem and unless you have had continual coverage, yes, those preexisting problems will be very much a problem with obtaining insurance.