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A medical mishap

Discussion in 'Off-Topic' started by zodiac66, Jan 29, 2004.

  1. zodiac66

    zodiac66 IncGamers Member

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    A medical mishap

    How to start this? Ok, 14 years ago, my mother had bypass surgery. She has been having problems with her hips and one knee for quite a few years now. The end of last week, she had an x-ray done on her hips and knee. She got the results back today, and lo and behold!!!!, a clamp from her bypass was left in her leg. Acutally, from what the doc said, it was more than 1. She is going to have other tests to see if there was some reason that they should have been left in there on Monday. For those of you who may not know, when you have bypass surgery, they take good arteries, in my mother's case, out of her leg, and transplant them to the heart. Why in god's name would a surgeon leave clamps in them. From what he said, it may be 1..or more.

    I have always read about things like this happening, but never really knew anyone that it happened to.

    I am going with her next week to her doctor so I can ask him these questions. If it were left in there inadvertantly, should I at the very least inform the surgeon..or just let it rest? If she needs to have surgery to remove those clamps, you bet your butt I will be complaining.
     
  2. Corneo

    Corneo IncGamers Member

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    Sue that doctor if clamps were left in your mom. That is a major mishap.
     
  3. Dutchman

    Dutchman IncGamers Member

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    Forget about informing the surgeon or complaining, depending on what the new doc says you should be consulting a lawyer and letting them handle it. Leaving a clamp inside a patient is serious business and your mother should not have any problem citing damages given the condition of her hip during this time.

    Hospital care is expensive partially because these people are insured up the wazoo, its time to take advantage of that fact and see to it your mother is taken care of financially. If that clamp doesn't belong its settlement time.

    Dutch
     
  4. LunarSolaris

    LunarSolaris IncGamers Member

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    I agree with Dutch - you should be consulting with a good lawyer about this before anything is pursued. In matters such as this, a personal injury or malpractice lawyer will consult for free (most of the time) and their fee will be based on some percentage of whatever settlement you might get. Depending on the neglegence level determined, it could end up being a sizeable settlement.

    Either way, I'm with Dutch Zodiac.
     
  5. zodiac66

    zodiac66 IncGamers Member

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    That is exactly what my gut says. But, she thinks doctors are gods. Sure they make mistakes, but so does everyone. I suppose I just have to keep hammering into her mind that doctor's carry malpractice insurance for cases like these.

    I have been trying to convince her that is Dr. so and so was the surgeon, he may have had an underling with him. I honestly think that the OB that delivered Samara was not who closed up my incision.

    I will keep nagging on her to at least consider talking to a lawyer. She will surely need one if she needs to have special surgery to take those clamps out.
     
  6. Anyee

    Anyee IncGamers Member

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    I'd suggest, just becase I (heart) the medical system, getting the hospital to pay for surgery and rehab, but pain and suffering? nah.
     
  7. Ezakimak

    Ezakimak IncGamers Member

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    By all means go after that doctor/surgeon. Doctors have to go to alot of school, and continueing education to keep there licences (sp?). There should be no excuse for a mistake like that to be made. Also imagine this, Your Mom deciedes not to do anything against this doctor, and so do who know's how many people that he may have made mistakes with while working on. Now we have a doctor out there that just shouldn't be in practice. On that note....Best of Luck to You and your Mom.
     
  8. Necrolestes

    Necrolestes IncGamers Member

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    Sue that doctor!

    If you can prove that the surgeon neglected to remove the clamp, then he/she is guilty of negligence. Although I am against frivolous lawsuits (heck, I'm a doctor myself...well I will be in two years), this is a clear-cut case. Pain and suffering are very hard to quantify so you'd have to prove that your mother had been in pain since the clamp was first left in after the surgery.

    I don't know what state you live in but in Pennsylvania, the statute of limitations on such cases is two years after you discover a medical mishap, regardless of when the mishap occurred (in your case, the PA Board would accept the lawsuit b/c it has been less than two years since the negligence was noted).

    To be fair, sue only for medical costs of the surgery and if need be for the pain and suffering. Don't go overboard and ask for $1 million...that would turn you into a profiteer rather than a righteous citizen looking to correct an error.
     
  9. eds01

    eds01 IncGamers Member

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    doctors are only human. they sometimes make mistakes. just be glad that this was a non- life threatning mistake. and who knows, mabey it wasnt the doctor that left them in, but someone else. i agree that if you have to get surgury to get rid of the clams, sue him for the cost of the surgury, but dont sue him for more.
     
  10. Squeezle

    Squeezle IncGamers Member

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    You should sue for the compensation and then I would think maybe some more because she should not have had to suffer for any of it. If you only receive compensation for damages, then you basically just suffered for nothing. But asking for a million dollars would be overboard and, like someone here said, profiteering.
     
  11. Sergeant

    Sergeant IncGamers Member

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    Well, according to Zodiac's post, her mom has experienced both pain and suffering. Any good reason, your love for the field aside, that she should not seek a claim against the Doctor? I'm not saying she should sue for millions but some sort of settlement would be appropriate.
     
  12. zodiac66

    zodiac66 IncGamers Member

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    To prove that her pain was caused by the clamps could be difficult. To prove pain and suffering after surgery to remove the clamps..much easier. If it is advised to have them removed..those surgeons will pay for the surgery and some compensation for her while she is recovering.
     
  13. dodomac

    dodomac IncGamers Member

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    You could potentially make your mother a millionaire, with the influx of recent medical blunders. Medical malpractice, hospital costs, surgery costs, pain and suffering, etc. It depends how good of a person you are. What would I do? Don't ask :D
     

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