What is the name of your state (only U.S. law)? Tenessee
In June 2012, I underwent a wrist arthrodesis where an intramedullary implate was used. Over the next 12-13 months, I continued to experience moderate pain, reduced grip strength and joint endurance. Following a CT scan in October 2013, it was determined that two of four screws were loose/backing out and an intramedullary nail was also backing out. I underwent a surgery to remove the implate and a second wrist arthrodesis. The screws and nail were noted in operative report.
During the preadmission appointment, I requested to have the implate retained for further inspection by the manufacturer. The hospital staff told me that my request was against hospital policy. The implate was removed several days later and immediately discarded. The hospital, orthopedic surgeon and manufacturer were notified that the implate had failed.
I wrote a demand letter to the manufacturer several days after surgery detailing damages. They did not respond within the time allotted. Several months later, I received a letter from their liability insurance company. I complied with their request and provided a HIPPA form allowing them access to my medical records. I provided an expiration date of June 30, 2014. During their review, they requested to review the implate. I informed them that I was told it was against hospital policy. I reached out to the hospital requesting the specific policy to provide to the insurance company.
I also reached out to a family member that is employed at the hospital. After a quick (< 60 seconds) search, they found the policy/form that I should have been provided that would have allowed the implate to be retained. I also received a return call from the hospital risk management the same day (coincidence). The employee stated the only way to have to implate retained was with a court order. I then disclosed I had been provided the policy/form that I should have received. The employee was not forthcoming about the form (a lot of silence) and then requested a copy of it via email.
After two emails and a week, I finally got a response. She said that I didn’t ask the question in the right way and that the form basically means a court order. She apologized that the device was destroyed and hoped I used the hospital again. The form does not indicate a court order under any circumstance. All I had to do was provide identifying information, my signature and my doctor’s signature. This form would have allowed the implate to be retained for the statute of limitations period or the duration of litigation.
To make a long story short. The failure to provide the form at my request led to the implate being destroyed. This basically ruined any chance at a product liability case. I signed a retainer with an attorney. He composed demand letter and complaint, but never sent to defendants. He submitted HIPPA requests and a spoliation letter to all parties. Yesterday he decided to withdraw from the potential case. He provided other attorneys names that might be willing to take the case. I have three months left before SOL expires.
I get the impression that I am fighting a losing battle. It seems there is no way to hold the hospital liable. A blanket "against hospital policy" whether true or false is their mantra.
In June 2012, I underwent a wrist arthrodesis where an intramedullary implate was used. Over the next 12-13 months, I continued to experience moderate pain, reduced grip strength and joint endurance. Following a CT scan in October 2013, it was determined that two of four screws were loose/backing out and an intramedullary nail was also backing out. I underwent a surgery to remove the implate and a second wrist arthrodesis. The screws and nail were noted in operative report.
During the preadmission appointment, I requested to have the implate retained for further inspection by the manufacturer. The hospital staff told me that my request was against hospital policy. The implate was removed several days later and immediately discarded. The hospital, orthopedic surgeon and manufacturer were notified that the implate had failed.
I wrote a demand letter to the manufacturer several days after surgery detailing damages. They did not respond within the time allotted. Several months later, I received a letter from their liability insurance company. I complied with their request and provided a HIPPA form allowing them access to my medical records. I provided an expiration date of June 30, 2014. During their review, they requested to review the implate. I informed them that I was told it was against hospital policy. I reached out to the hospital requesting the specific policy to provide to the insurance company.
I also reached out to a family member that is employed at the hospital. After a quick (< 60 seconds) search, they found the policy/form that I should have been provided that would have allowed the implate to be retained. I also received a return call from the hospital risk management the same day (coincidence). The employee stated the only way to have to implate retained was with a court order. I then disclosed I had been provided the policy/form that I should have received. The employee was not forthcoming about the form (a lot of silence) and then requested a copy of it via email.
After two emails and a week, I finally got a response. She said that I didn’t ask the question in the right way and that the form basically means a court order. She apologized that the device was destroyed and hoped I used the hospital again. The form does not indicate a court order under any circumstance. All I had to do was provide identifying information, my signature and my doctor’s signature. This form would have allowed the implate to be retained for the statute of limitations period or the duration of litigation.
To make a long story short. The failure to provide the form at my request led to the implate being destroyed. This basically ruined any chance at a product liability case. I signed a retainer with an attorney. He composed demand letter and complaint, but never sent to defendants. He submitted HIPPA requests and a spoliation letter to all parties. Yesterday he decided to withdraw from the potential case. He provided other attorneys names that might be willing to take the case. I have three months left before SOL expires.
I get the impression that I am fighting a losing battle. It seems there is no way to hold the hospital liable. A blanket "against hospital policy" whether true or false is their mantra.
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