Think before you sue

[loveumms]

I’m sure I am going to get flamed for posting this but, I really don’t care and my point is to make sure you think twice before trying to sue any medical professional for every tiny problem that occurs during your health care.

As many on this site know, I am a medical student. Today I found out that one of the patients I was taking care of a few months ago was re-admitted to the hospital recently for pleuritic chest pain (pain when inspiring or expiring), fever and shortness of breath. When this person was admitted previously, under my care, it was for a leg abscess that was secondary to his IV drug abuse - we treated him and he went home.

Apparently, yesterday he was diagnosed with active tuberculosis (TB). We didn’t do any testing when he was in the hospital a few months ago for TB b/c he didn’t have any symptoms at that time however, it is thought that he could have been actively infected then (just not showing any clinical signs). Therefore it’s very possible he exposed not just me, but the whole health care team taking care of him to this ‘nasty’ bacterium. If I did get exposed, its likely that my immune system will fight off the infection and I won’t even have any symptoms because I’m young and have a good immune system. However, if I do test positive I will be subjected to six to nine months of horrendous antibiotics. Not the kind that you take when you have pneumonia – these are antibitotics that make you extremely sick due to the horrible side effects (I’m talking extreme nausea, vomiting, fatigue and weight loss that often makes people stop taking them). Not only that, I’ll have to be pulled from my rotations until I clear the infection.

Now, I am not asking for any sympathy since I choose this profession and I knew exactly what I was getting into however, I just want everyone to stop and think before they decide to sue any health care worker. These people, not only doctors but nurses, phlebotomists, techs and all the other support staff, put their lives at risk every single day to help their patients. They ask nothing in return and often are then forced to face a lawsuit b/c you didn’t get the exact treatment YOU thought you should have. Most of the cases I have read on this forum are trivial (granted, some doctors make careless mistakes and I am the first to agree they should pay for them). But, just b/c you were not healed or treated the way you think you should, it doesn’t mean you were wronged. Medicine is not a perfect science, things happen and often it’s no ones fault. Just think about this when you are about contemplating a lawsuit.

Additionally, TB isn’t even the most harmful agent we expose ourselves too. In this day and age health care workers are faced with tons of other transmittable diseases that can be deadly (hepatitis, MRSA and HIV to name a few). Yes, precautions are taken to prevent spread however, nothing in this world is guaranteed and I bet that quite a few health care workers are disabled or killed each year b/c they were infected while taking care of patients.

 

[rmet4nzkx]

As I'm sure you know, some infections, including but not limited to TB can be pased between humans and animals, it is possible that your puppy in it's stressed condition after transport, was exposed to TB, be sure to let you vet know of your exposure.

I have worked with "special populations" for years, long before the days of "Universal precautions" and where is was not PC to avoid some forms of contact, unfortunately the care givers rarely told us, when clients had communicable diseases such as Herpes or Hep, thus exposing other clients and staff to these diseases. There but for the Grace of God and a good immune system go I.

My SIL's younger sister was a LVN she had a needle stick, Hep C, failed Liver transplant.

 

[shell007]

I 100% agree.

Maybe you ought to label this thread "Medical Malpractice" so that when people do a search, this thread will be prominent. Although most people who come here looking to sue for "medical malpractice" are more concerned about their WALLETS, and less about their health.

 

[loveumms]

I 100% agree.

Maybe you ought to label this thread "Medical Malpractice" so that when people do a search, this thread will be prominent. Although most people who come here looking to sue for "medical malpractice" are more concerned about their WALLETS, and less about their health.

Oh, so true!

I have been thinking about the possibility of patients having to sign a waiver when they see their physician stating the doctor is not liable for complications that occur. Something to the effect of Dr. X is only giving his/her medical opinion and cannot be held liable for any complications that result from to that opinion. Could this be done?

I keep thinking about the future of medicine with all the trivial, improper suits that are cropping up everywhere and how docs are so scared of being sued that often order expensive and unneeded medical tests are just to cover their butts. I know this would not be ethical however, its better then not having any doctors willing to perform high risk procedures or manage high risk patients. Just look at the OB problem - I know of at least five patients who could not have the doc who followed them throughout their pregnancy deliver the baby b/c they were not willing to take the risk of a possible lawsuit.

 

[ellencee]

I_m sure I am going to get flamed for posting this but, I really don_t care and my point is to make sure you think twice before trying to sue any medical professional for every tiny problem that occurs during your health care.

As many on this site know, I am a medical student. Today I found out that one of the patients I was taking care of a few months ago was re-admitted to the hospital recently for pleuritic chest pain (pain when inspiring or expiring), fever and shortness of breath. When this person was admitted previously, under my care, it was for a leg abscess that was secondary to his IV drug abuse - we treated him and he went home.

Apparently, yesterday he was diagnosed with active tuberculosis (TB). We didn_t do any testing when he was in the hospital a few months ago for TB b/c he didn_t have any symptoms at that time however, it is thought that he could have been actively infected then (just not showing any clinical signs). Therefore it_s very possible he exposed not just me, but the whole health care team taking care of him to this _nasty_ bacterium. If I did get exposed, its likely that my immune system will fight off the infection and I won_t even have any symptoms because I_m young and have a good immune system. However, if I do test positive I will be subjected to six to nine months of horrendous antibiotics. Not the kind that you take when you have pneumonia _ these are antibitotics that make you extremely sick due to the horrible side effects (I_m talking extreme nausea, vomiting, fatigue and weight loss that often makes people stop taking them). Not only that, I_ll have to be pulled from my rotations until I clear the infection.

Now, I am not asking for any sympathy since I choose this profession and I knew exactly what I was getting into however, I just want everyone to stop and think before they decide to sue any health care worker. These people, not only doctors but nurses, phlebotomists, techs and all the other support staff, put their lives at risk every single day to help their patients. They ask nothing in return and often are then forced to face a lawsuit b/c you didn_t get the exact treatment YOU thought you should have. Most of the cases I have read on this forum are trivial (granted, some doctors make careless mistakes and I am the first to agree they should pay for them). But, just b/c you were not healed or treated the way you think you should, it doesn_t mean you were wronged. Medicine is not a perfect science, things happen and often it_s no ones fault. Just think about this when you are about contemplating a lawsuit.

Additionally, TB isn_t even the most harmful agent we expose ourselves too. In this day and age health care workers are faced with tons of other transmittable diseases that can be deadly (hepatitis, MRSA and HIV to name a few). Yes, precautions are taken to prevent spread however, nothing in this world is guaranteed and I bet that quite a few health care workers are disabled or killed each year b/c they were infected while taking care of patients.

I just didn't think it was possible for you to make yourself look more stupid; but once again, I was wrong.

Emergency room assessments are required to include screening for TB and for risks increases due to such history as IV drug abuse. The infection control team is notified when a patient is identified as high risk or confirmed TB. It may be several weeks before one learns that one has been exposed but that delay does not affect the effectiveness of prophylactic treatment.

Contact the employee health RN. He or she will take care of you and make it all better again.

EC

 

[loveumms]

I just didn't think it was possible for you to make yourself look more stupid; but once again, I was wrong.

Emergency room assessments are required to include screening for TB and for risks increases due to such history as IV drug abuse. The infection control team is notified when a patient is identified as high risk or confirmed TB. It may be several weeks before one learns that one has been exposed but that delay does not affect the effectiveness of prophylactic treatment.

Contact the employee health RN. He or she will take care of you and make it all better again.

EC

Hey EC - I didn't know you could make yourself look any more arrogant and pathetic. I'm so sorry I didn't know the exact mechanism of ER assessment of patients considering I don’t work in the ER and am not responsible for triaging patients. I do know that if every patient that was considered high risk for TB infection was properly contained (negative pressure room with airborne precautions) almost our entire ER population would be so. Considering ¾ of the population we treat are either homeless, active IVDA or alcoholics – all with poor nutritional status.

I got an email from my senior resident stating that I had taken care of a patient that was now back in the hospital with active TB infection. Furthermore, it has been several weeks since I was possibly exposed so I think you should read more carefully before jumping to conclusions. The whole point of my post was to at least have others recognize that health care workers put themselves at risk all the time to treat those who are so anxious to bring lawsuits against them at the drop of a hat.

I never said that timing would affect my treatment (if I do in fact have it). I don't have any symptoms so the employee health RN will not be taking care of me; I will be getting a PPD placed within the next few weeks (considering I had a negative one at the beginning of the year I at least know my baseline). I just hope and pray that I don't have to deal with any nurse that is as egotistical as you are b/c I would rather jump off a cliff.

 

[jypsy_rose_lee]

Think before you sue:

Before you start slinging mud at people who file claims against medical professionals,maybe you should read why some of these claims are filed. Not all victoms are out to fill their wallet! There are those lawsuits that seem like the person wants just to sue for no real damages,then there are the suits for instants where a child is told they have cancer and goes through debilitating chemo only to find out that she never had cancer at all! A 65 year old woman is told that she has cancer,only to die from debilitating chemo.Her husband finds out through autopsy that she never had cancer. I don't think that one bad doctor means they are all bad. Some do make mistakes that cost people their lives or permanent damage. These injuries can cause them to not be able to suport theirselves or their families.I ask you this,say you were beside a man who, had just robbed and killed another man,and instead of police shooting him they accidently shot you The injury causes you to be paralized for the rest of your life. Honestly would you sue the police?Your going to need someway to take care of yourself.

 

[barry1817]

to sue or not to sue, that is the questions

It's make it clear. There are standards to be met before a malpractice suit can be filed.

These include that the treatment was below the standard of care, that harm was caused by the treatment that was below the standard of care, and a financial component can be placed on that injury.

Most malpractice suits also necessitate another professional to state that there was a problem, with treatment that was below the standard of care.

So if a person chooses to go into a high risk profession, they are aware of the risks and rewards before they do so.

But the reality from where I have been, is that patients aren't that interested in suing, until such time as there doctor becomes a total A. H. and feel that there is no recourse to the damage that has occured.

So we can also put the show on the other foot, if you were treated in a manner that was below the standard of care, and you experienced a great deal of harm, are you going to just write it off, or would you seek legal recourse.

[email protected]

 

[tryingtoplease]

Oh, so true!

I have been thinking about the possibility of patients having to sign a waiver when they see their physician stating the doctor is not liable for complications that occur. Something to the effect of Dr. X is only giving his/her medical opinion and cannot be held liable for any complications that result from to that opinion. Could this be done?

Are you serious???!!! Do you have any idea what a doctor is???!!! That you are even asking this question shows you have a long way to go. BTW, my daughter is in the med field and my bil (nurse) thought that he had been infected with hep. Horrible time but came out okay.

Then there's my son who had an adverse reaction to vaccinations. Took him to the dr, he was seen by on call dr, due to reg dr being out Oh, no, not adverse reaction, ear infection & sore throat. Hours later, after febrile seizures and being transported to ER via ambulance with 106 fever, no ear infection, no sore throat per ER dr. Did I sue? No, not worth anything, he didn't suffer any ill after affects. What did I want? The doctor to admit he was wrong and to be more aware in the future. Think it happened? I doubt it for I never returned to that dr.

Grow a thick skin if you want to proceed in your currently chosen field.

 

[rachel4]

loveumms--what year are you? when do u have your ER rotation and what are u specializing in? Sounds like a hefty dose of disillusionment to me, but you'll get over it b/c I think your heart's in the right place.
You knew you'd get some heat for your post (hope I don't..)
Remember, if you can't change something, change the way you THINK about it... or you'll drive yourself mad.
There will always be frivolous malpractice suits (blame the ambulance chasers ) just as there will always be the legit cases as well.
I can't count the number of times I and other staff have been exposed to TB before precautions are known, or found out a bleeding patient was HIV+ after multiple lab draws, lac repairs, etc were done, or observed MRSA patients walking around freely (with blood transfusing), going for that smoke outside or munchies attack to the vending machine (the regulars get past security somehow ).
The ER doesn't always catch everything, esp the crazy busy understaffed big city ER's. Most patients are truthful, but of course some lie, hide things, make up things, are non compliant.
Some docs in the ER don't want to know everything in the patient's med history b/c there is no time-just what's pertinent and related to the immed. complaint/signs&symptoms. For instance-say a patient comes in needing sutures for a head lac and he's staggering b/c he's intoxicated. 9 times out of 1o there won't be an ETOH level drawn, b/c his complaint is "just a head lac."
You have to "rule out" everything possible, esp. in the indigent patient pop. you see, and universal precautions ALWAYS. Seems to me TB should've been considered, as a matter of routine, in this patient. AS for needlestick exposures, I've never been stuck by a needle fortunately, but I know alot of RN's who have--it can happen to anyone, as u know.
Patients today are so much more proactive in their care-they will even insist that the nurse wears gloves when making contact (in case she forgets
All you can do is chalk it up to "occupational hazards" (or go work somewhere else in some other field).
Chances are you'll be ok, I hope so.
Good luck in med school (don't get jaded !
rachel

 

[ellencee]

Just to clarify--the admission in our child poster's scenario was a patient who came through the ER, thus my reference to the ER's responsibility; however, I should have said that the admission process includes a TB screening. Any admission into a hospital or ER is REQUIRED to include a TB screening.

I am not going to tell you what a TB screening includes; to do so would only allow our child poster to further act like he/she has a clue into the medical/healthcare world.

EC

 

[rmet4nzkx]

Just to clarify--the admission in our child poster's scenario was a patient who came through the ER, thus my reference to the ER's responsibility; however, I should have said that the admission process includes a TB screening. Any admission into a hospital or ER is REQUIRED to include a TB screening.

I am not going to tell you what a TB screening includes; to do so would only allow our child poster to further act like he/she has a clue into the medical/healthcare world.

EC

Interesting that she didn't comment on the possibility that "SHE" may have infected her poor little puppy!

Perhaps it was her job to screen for TB?

 

[NayeBomb]

mmmm....k....

I think that the MEDICAL STUDENT should think before he/she gives LEGAL ADVICE.

 

[panzertanker]

I absolutely LOVE this thread...

Perhaps all should think about this:
I get puked on ALL the time
I get bled on ALL the time
I have even been shat upon
I get spit on (not as often, though!)
I have been punched, kicked, dragged, yelled at, insulted, and made to suffer some TERRIBLE smells...(I have also punched, dragged, yelled and insulted too....)

Perhaps NO ONE should EVER be allowed to sue me???!!!
(I seem to have paid my dues, as luvums believes that is what precludes people from suing....)!!!


People sue b/c they want MONEY (a majority), not always b/c you truly deserve to be sued...

 

[tryingtoplease]

I absolutely LOVE this thread...

Perhaps all should think about this:
I get puked on ALL the time
I get bled on ALL the time
I have even been shat upon
I get spit on (not as often, though!)
I have been punched, kicked, dragged, yelled at, insulted, and made to suffer some TERRIBLE smells...(I have also punched, dragged, yelled and insulted too....)

Perhaps NO ONE should EVER be allowed to sue me???!!!
(I seem to have paid my dues, as luvums believes that is what precludes people from suing....)!!!


People sue b/c they want MONEY (a majority), not always b/c you truly deserve to be sued...

Oh Toddy, I thought we all agreed you'd keep your personal sex life to yourself. Meant in the crudest but most caring way. Lol. Ha ha , Iaal I beat ya to it.