Medical Negligence

[Hezbon]

What is the name of your state? MA
Hello, my aunt had mastectomy surgery and developed partial both lungs collapse and leg blood 4-5 days after surgery. She continues to take some medications called blood thinners. We have spoke to a friend who works in a hospital who says there might have be negligence. We requested medical records, and after reviewing them together with this friend, we found that, a required blood clot risk assessment was not done prior to surgery. This assessment according to our friend who works in the hospital is a required assessment by all medical agencies including all surgeons. Also, after surgery, she was not given an incentive spirometer or educated to take deep breaths due to risk of lung collapse as she was under general anesthesia in a surgery that took over 4 hours. We have contacted several medical malpractice attorneys who have declined to take the case, but at least three were honest enough to say that, the declination is solely based on financial, that is, not much settlement, but there is clear evidence of negligence. My aunt have missed many days from work, and blood clot treatment and she is still having some level of discomfort and pain to the leg. Please advice on how we can navigate this negligence. Thank you.

 

[Just Blue]

What is the name of your state? MA
Hello, my aunt had mastectomy surgery and developed partial both lungs collapse and leg blood 4-5 days after surgery. She continues to take some medications called blood thinners. We have spoke to a friend who works in a hospital who says there might have be negligence. We requested medical records, and after reviewing them together with this friend, we found that, a required blood clot risk assessment was not done prior to surgery. This assessment according to our friend who works in the hospital is a required assessment by all medical agencies including all surgeons. Also, after surgery, she was not given an incentive spirometer or educated to take deep breaths due to risk of lung collapse as she was under general anesthesia in a surgery that took over 4 hours. We have contacted several medical malpractice attorneys who have declined to take the case, but at least three were honest enough to say that, the declination is solely based on financial, that is, not much settlement, but there is clear evidence of negligence. My aunt have missed many days from work, and blood clot treatment and she is still having some level of discomfort and pain to the leg. Please advice on how we can navigate this negligence. Thank you.

Your Aunt, not you, may file a complaint here:

https://www.mass.gov/submit-a-complaint

 

[Zigner]

Your aunt needs an attorney.

 

[quincy]

How long ago did this happen?

How were you able to gain access to your aunt’s medical records?

 

[commentator]

Quote: 'We have contacted several medical malpractice attorneys who have declined to take the case'

Frankly, I think you should just listen to these attorneys. I can't think of any reasonable way you could possibly say that your aunt's condition was unquestionably caused by the surgeon's /hospital's failure to do a required blood clot risk assessment, even if you can absolutely prove it wasn't done. As for the incentive spirolometer, that's just what it is, an incentive (as in, her choice to use it or not) device, it would be hard to prove definitively that using it or not using it would've kept her from getting the clots. It doesn't sound to me like you'd have a lot to claim malpractice on, and your friend who works there (who I bet is not a physician) just won't be enough of an expert witness. What do you mean, 'not much settlement' that they're telling you?

 

[quincy]

The medical malpractice attorneys who have declined to “take the case” could have declined because it is the AUNT who might have a cause of action not those related to the aunt.

 

[Zigner]

The medical malpractice attorneys who have declined to “take the case” could have declined because it is the AUNT who might have a cause of action not those related to the aunt.

The OP says that 3 of them specifically said it wasn't worth it.

 

[quincy]

The OP says that 3 of them specifically said it wasn't worth it.

Ah. Then there is a good chance it is not worth it.

 

[Hezbon]

How long ago did this happen?

How were you able to gain access to your aunt’s medical records?

 

[Hezbon]

My Aunt requested her medical records which she granted access.

 

[Hezbon]

Quote: 'We have contacted several medical malpractice attorneys who have declined to take the case'

Frankly, I think you should just listen to these attorneys. I can't think of any reasonable way you could possibly say that your aunt's condition was unquestionably caused by the surgeon's /hospital's failure to do a required blood clot risk assessment, even if you can absolutely prove it wasn't done. As for the incentive spirolometer, that's just what it is, an incentive (as in, her choice to use it or not) device, it would be hard to prove definitively that using it or not using it would've kept her from getting the clots. It doesn't sound to me like you'd have a lot to claim malpractice on, and your friend who works there (who I bet is not a physician) just won't be enough of an expert witness. What do you mean, 'not much settlement' that they're telling you?

 

[Hezbon]

You have a point, except the more we research more about it the more we believe there is a case, mainly because in health care they operate under "standard of practice" and they are written for a reason, and after years of research. For example, we have come to learn that, after any surgery, the standard of care requires a patient vital signs be check 15 minutes, 30 minutes, 1 hour intervals. Failure to do that even when vital signs are okay is a breach of protocol and standard of care.

 

[Hezbon]

Ah. Then there is a good chance it is not worth it.

 

[Hezbon]

True, but we have found out it's not worth it based on "attorney's" monetary value assessment. That is, they can't get a good return for their work, not that there is no valid case. We have found out that, the more damage, the more money.... for instance, if my Aunt had passed away (God forbid), the case was a hot cake...or if she lost her leg...because there is more monetary value awarded. They are gauging it based on their returns. I came across an article indicated that, so many patients are neglected by attorneys because of that.

 

[Taxing Matters]

True, but we have found out it's not worth it based on "attorney's" monetary value assessment. That is, they can't get a good return for their work, not that there is no valid case. We have found out that, the more damage, the more money.... for instance, if my Aunt had passed away (God forbid), the case was a hot cake...or if she lost her leg...because there is more monetary value awarded. They are gauging it based on their returns. I came across an article indicated that, so many patients are neglected by attorneys because of that.

The thing is that litigating medical malpractice claims is not easy to do, nor is it cheap. In addition to the time the lawyer spends on the case there are costs for filing and serving the complaint, costs of discovery, costs for experts, etc. Even if the plaintiff wins the plaintiff is not awarded most of those costs in the judgment. For that reason, you need to have a reasonable probability that you will likely recover more than those costs to make the lawsuit worthwhile. This is why the lawyers factor in what the likely judgment may be in deciding whether to take the case. Spending, say, $50,000 to litigate a malpractice claim and only getting $25,000 is obviously not financially a good outcome.

The plaintiff need to prove not only that the doctor or other medical professional failed to meet the standard of care but that the patient's injury was caused by that failure. If the collapse could have occurred even if they followed the generally accepted standard of care then you have a problem in making the case that the injury was caused by the medical professional's negligence. This is part of the reason why these cases are difficult and expensive to win.