Hospital about killed my dad

[threetime]

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

Well its been a year ago since this happened. My dad went to hospital with vomiting to get an IV to rehydrate. They admitted him saying he had a intestine blockage. He stayed in hospital for three days and finally passed the blockage/virus(doctors think it was a virus). Well they wanted to watch him for a couple more days to be safe. So they decided to start a pickline on him to reduce more needle pricks from withdrawing blood. Well late that night a nurse came in to give an injection and my dad watched her do it. He said she couldn't get the injection to push into the pickline so she forcefully did itand then left and he though nothing more about it. The next day he was starting to have trouble breathing, and increasing temperature. The later the day went the worse he got and he kept complaining of the fever and breathing but they only gave him Tylenol. This went on for about 8 hours and mom pleaded for them to make the doctor come check my dad, but he wouldn't and kept giving larger doses of Tylenol. My mom called me crying to come up there cause my dad was barely breathing. By the time I got there my dad was blue and they finally had a respiratory team working on him. They had to shock him twice to bring him back. Come to find out, the nurse pushed a blood clot that landed in his lungs for the pickline by forcing the injection in, and he also got a major staph infection that about cost him his life. The final results was he required a defibrillator to be installed in him and had a stroke in his eye where he lost his vision. The defibrillator was needed due to the shocking of the heart according to the heart surgeon and the eye was due to lack of oxygen according to the eye specialist. My dad contacted a lawyer to sue for negligence and the lawyer told my dad he just didn't have time to mess with it after keeping all the files for around 6 months. Now my dad cannot find a lawyer to even try the case. He doesnt have the money to just pay a lawyer outright. Does he have a case and if so what should he do to get a lawyer to take the case? Thanks for the help.

 

[wyett717]

Chances are, if your dad is having difficulty finding a lawyer, he probably doesn't have a strong enough case.

 

[fridayboy2]

Sounds like your dad was in the same hospital my mother was!!

If an attorney will not take the case it is probably weak. As one who is currently in the middle of a wrongful death suit, it is very difficult. The smartest thing I did was document everything that happened and took pictures, yes, even had the autopsy doc take pictures.
Even with all of the documentation and witnesses it is difficult to have someone take the case. Then it becomes expensive, expert witness fees, focus group fees (invaluable in the long run).
Also working against you is his age and he lived. I know, hard to believe. It all seems so unfair.
If I survive this, I may write a book about protecting yourself and loved ones in a medical setting.
Best of luck,
Fridayboy2

 

[lya]

threetime

I don't understand why an attorney is not interested in investigating your father's claim. The attorney who had the files for six months may not have ever read through the records; don't let that discourage your father.

From your description of events, it appears there are several acts of negligence that led to significant and permanent damages.

It may be extremely difficult to prove that the nurse's action(s) caused the bloodclot to move to the lung and/or its vasculature. It will be your father's word against the nurse's word.

It will not be difficult to prove that a downward change in condition was basically ignored by the hospital staff and the MD. You and your mother are witnesses to this. The medical record should contain the date and times the MD was notified and what orders, if any, were received. The medication record will contain the info related to the administration of Tylenol; use that information to show how frequently the patient was complaining of pain and the location of the pain. Use the pain-scale information to show the severity or worsening of the patient's complaint(s).

The medical record will also show, what I infer to be, a total lacking of patient assessment related to patient complaint(s) of shortness of breath.

PICC lines are an advantage for both the patient and the healthcare providers; however, one of the main risk associated with a PICC line is a bloodclot that forms, dislodges, and causes a pulmonary embolism. Patient complaint of shortness of breath, in the presence of a PICC line, should be immediately evaluated by chest x-ray/CT scan and arterial blood gases.

The hospital has a policy and procedure for PICC lines and managing the associated risks. If compared to the medical record, I doubt the policy and procedure was followed.

Additional policies and procedures that should be obtained and reviewed are those associated with managing a change in patient condition and those specific to the type of unit/floor to which your father was admitted.

Medmal claims usually take years to reach conclusion. Your father needs to understand that the process is quite stressful. There are periods of time when the attorney is working on the 'case' and periods of time (months) when nothing is happening. There is no way to avoid the lag time as each side is given a month or more to respond to each communication/request.

My advice to your father is to seek a consultation with an experienced medmal attorney who does not practice in the community where the event occurred. Seek an attorney in a neighboring city.

[FYI: PICC is the abbreviation for Peripherally Inserted Central Catheter]

 

[threetime]

Thank you for the response lya. Yes we are confused why no one will take the case, my dad said most of the lawyers he spoke with just plain out said these cases are almost not winable. The lawyer that had it for so long was referred to my father through a friend that was a friend of the lawyer. My dad gave ample time to go over all the documents and finally the lawyers secretary told my father she would go over the info. Then me dad got fed up as the secretary told my dad she didn't have time either. The sad part is that my dad had to get a defibrillator due to this incident and ended up getting one of the defective defibrillators that I am sure ever one has heard about. My dad isn't a money hungry guy and it was me talking to him was only reason he finally decided to sue. He has ever mounting medical bills from this and I told him it wasn't fair for my mother to be left with this should something happen to him due to this. Again thanks for the input and I will definitely pursue this with my dad. Any more advice is surely welcome from you if you should think of any, thanks.

 

[lya]

Print my response(s) and share the information with attorneys with whom your father consults. It can't hurt to have information about the way things should have been done.

I have no problem believing that your father's damages are the result of negligence. Earlier intervention could have prevented further damage. He was denied the opportunity to recover without developing more serious consequences and becoming "damaged" for life.

Best wishes,