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re: ADVICE - Medical Malpractice

Posted on 12/21/20 at 3:07 pm to
Posted by tigerfan4120
Member since Dec 2003
3264 posts
Posted on 12/21/20 at 3:07 pm to
quote:


ADVICE - Medical Malpractice
Hospital gave me penicillin against my chart and sent me into anaphylactic shock in the middle of surgery. Needed CPR and 24 hours of breathing treatments - spent weeks with blown blood vessels in my eyes.

Urologist performed lithotripsy three times on the same side, in the same day, causing the kidney to enlarge and bleed internally. That’s some real fricking pain my friend.

In each case I recovered and got on with my life. No attorney needed.

Grow up and quit sucking off the teet.


this guy might actually have a case; OP - no
Posted by DeltaTiger14
Shangri La
Member since Nov 2015
181 posts
Posted on 12/21/20 at 3:08 pm to
No surgery is ever without risk. I say, be thankful you live to fight another day. Don't spend your time trying to extract revenge.
Posted by Vrai
Baton Rouge
Member since Nov 2003
3997 posts
Posted on 12/21/20 at 3:20 pm to
quote:

They then gave me Ketamine with made me cease up and hallucinate for 10 minutes


Lucky
Posted by Yellerhammer5
Member since Oct 2012
10976 posts
Posted on 12/21/20 at 3:22 pm to
quote:

made me cease up


quote:

Lucky


Posted by Sidicous
NELA
Member since Aug 2015
19296 posts
Posted on 12/21/20 at 3:29 pm to
Even if you do it would be at least a decade before you saw a penny if the physician(s) fight it.

One of the ER Dr.'s I worked with for a decade was being sued by a woman who alleged inappropriate use of CT contrast caused her kidney dysfunction. The case started before I ever met the Dr. and was still ongoing after the decade of working with him. That was without effort to drag it out, imagine if his instructions to legal counsel were to actively delay.
Posted by Spankum
Miss-sippi
Member since Jan 2007
60468 posts
Posted on 12/21/20 at 3:45 pm to
You seem to know a hell of a lot about pain killers. When I had a health crisis and was in ICU for a few days, I had no idea what meds they administered...yet you can recall every medicine and when they gave them to you? Do you have an opiate addiction?
Posted by diat150
Louisiana
Member since Jun 2005
47183 posts
Posted on 12/21/20 at 4:01 pm to
good luck suing a doctor
Posted by Keltic Tiger
Baton Rouge
Member since Dec 2006
21527 posts
Posted on 12/21/20 at 4:16 pm to
Another problem is that the awards in med mal claims are capped, & that cap is seldom reached unless there are serious, life long medical problems associated with the malpractice. As the med mal system requires any complaint to first be reviewed by 3 comparable physicians, the plaintiff atty has to pay for his expert & for any subsequent medical evaluations to counter the defense's expert and an independent doc''s i.e. he runs up expenses quickly out of his own pocket. And it does take yrs, as the first stage, bringing in the 3 experts can easily take a year by itself. The basic standard for malpractice is that it has to go above & beyond the normal standard of care, theory being no physician can be expected to be perfect. Leaving a sponge in post surgery, in most cases, is not considered malpractice for example. Don't see enough money in it for a plaintiff atty to spend his own money to be blunt.
Posted by Coater
Madison, MS
Member since Jun 2005
33506 posts
Posted on 12/21/20 at 4:26 pm to
quote:

Leaving a sponge in post surgery, in most cases, is not considered malpractice for example


Wait...what? Leaving a sponge in is definitely a case for malpractice. Sponge counts are done to prevent this.

Back to the OP, only malpractice would have been for the ER to send you home without diagnosing the bleed where you eventually die. Count your blessings that they did the right thing to help you recover
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30025 posts
Posted on 12/21/20 at 4:26 pm to
quote:

Yea I'm not sure why people said "no" so quickly. Somebody fricked up and it wasn't the OP.


While I may or may not have LARPed on tOT on occasion about actually having gone to law school or having practiced law it is clear that should not be considered any indication I have ever done more than read a bad legal blog on the internet.

That blog indicated that in med-mal cases one of the big practical factors is damages weighed against the costs of bring such an action in the fictional court of East Carolina. It seemed to indicate that for most med-mal cases to be viable from a monetary standpoint it usually needs to do something the blog called "putting dollars on the board". This apparently usually means the need for long term medical care and/or long term impairment/disability/pain. It did say however one should seek the advice of one or more qualified attorneys in the perspective litigants jurisdiction.

No more time mom is calling be for dinner, just so glad to be out of school, I hate junior high.
Posted by SMACKYtheFROG
NOLA
Member since Apr 2010
197 posts
Posted on 12/21/20 at 5:35 pm to
I had also emailed the surgeon on 12/16 about some really bad abdominal pain. The nurse told me not to drink form a straw and to go back to a full liquid diet from the soft food diet.

I also spoke to another radiologist friend who looked at my scan and he said more the 1/8th of my blood leaked into my abdominal cavity.

He thinks it was possible a carterization from surgery fell off and the leak began on my diaphragm.

Post surgery I was told everything went great and was never told anything to look out for as far as abdominal pain in case carterizations falling off.
Posted by WhiskeyTangoFoxtrot
in the transfer portal
Member since Dec 2009
2405 posts
Posted on 12/21/20 at 5:48 pm to
quote:

nurse told me not to drink form a straw


this was done to save the sea turtles!

& that ABSOLUTELY means you have a case!

best of luck to ya in the approaching new year!

Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 12/21/20 at 5:56 pm to
What do you think was done wrong?

Sounds like they gave you pain medicine for your 10/10 pain that was probably a trapped fart

Where is the bad outcome?
Posted by SMACKYtheFROG
NOLA
Member since Apr 2010
197 posts
Posted on 12/21/20 at 5:57 pm to
I had internal bleeding and had I not gone to the hospital, I could have died.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 12/21/20 at 5:59 pm to
quote:

He thinks it was possible a carterization from surgery fell off and the leak began on my diaphragm.


Oh so you had abdominal bleeding after major abdominal surgery?

That’s like the number 1 risk you signed off on

I bet you wish you had just lived with the acid reflux
Posted by Coater
Madison, MS
Member since Jun 2005
33506 posts
Posted on 12/21/20 at 6:01 pm to
I’m sure you were given postoperative instructions regarding expected outcome as well as signs and symptoms which raise concern and require return to the hospital

Obviously the bleeding was minimal if no further procedures were required
This post was edited on 12/21/20 at 6:42 pm
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 12/21/20 at 6:02 pm to
quote:

I had internal bleeding and had I not gone to the hospital, I could have died.


So they saved you?

I thought they just gave you pain meds and didn’t talk to you
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30025 posts
Posted on 12/21/20 at 6:10 pm to
quote:

I could have died.


It is my understanding, again from reading poor legal blogs, that what could have happened does not generally factor into a jury's deliberations on if a specific standard of care was breached nor regarding damages awarded for any breach of care. The blog mentioned if the writer could recover for what could have happened for his clients he would own the world and not have to write stupid legal blogs for teenagers like myself to read.

ETA quit trying to argue with tOT just call a real attorney
This post was edited on 12/21/20 at 6:11 pm
Posted by WhiskeyTangoFoxtrot
in the transfer portal
Member since Dec 2009
2405 posts
Posted on 12/21/20 at 6:18 pm to
quote:

I had laparoscopic fundoplication surgery on 12/11/20 and released from hospital on 12/12 feeling decent enough. On 12/19 I awoke at 4am with excruciating abdominal pain (worst pain imaginable) and had to take EMS to hospital.


quote:

released from hospital on 12/12

quote:

On 12/19 I awoke at 4am with excruciating abdominal pain

OK, chief, can you tell us anything about the infinitesimal amount of time between your discharge and the time symptoms presented?
This post was edited on 12/21/20 at 6:20 pm
Posted by Matt985
Member since Dec 2020
15 posts
Posted on 12/21/20 at 6:20 pm to
If it’s Baton Rouge go to Kenny Hooks. If it’s New Orleans go to some lawyer from Gainsburg Benjamin
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