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Medical Malpractice Lawsuit
Posted on 2/26/16 at 4:30 am
Posted on 2/26/16 at 4:30 am
So I went Thursday to have an endoscopy and my esophagus dilated for the for the time. Apparently all went well until
I was still able to eat or Sri k much come Saturday and also kept running a fever. I ended up going to ER Saturday for dehydration and they noticed something in the CT Scan, transferred me to another hospital. The new hospital found a large perforation in my upper esophagus. He was afraid to do the surgery so he sent me to UAB. UAB has put a feeding tube in my lower intestine but due to swelling of my esophagus, they have yet been able to put a stint in the tear and I am still strict NPO. The tear is very dangerous and will allow leakage which would cause infections and kill me. Do I have a good case?
I was still able to eat or Sri k much come Saturday and also kept running a fever. I ended up going to ER Saturday for dehydration and they noticed something in the CT Scan, transferred me to another hospital. The new hospital found a large perforation in my upper esophagus. He was afraid to do the surgery so he sent me to UAB. UAB has put a feeding tube in my lower intestine but due to swelling of my esophagus, they have yet been able to put a stint in the tear and I am still strict NPO. The tear is very dangerous and will allow leakage which would cause infections and kill me. Do I have a good case?
Posted on 2/26/16 at 4:31 am to SXV
Sorry for typos. On phone and morphine
Posted on 2/26/16 at 6:08 am to SXV
That is a risk of that procedure.
If you do enough procedures, complications can occur even for the best doctor.
If you do enough procedures, complications can occur even for the best doctor.
Posted on 2/26/16 at 6:18 am to makersmark1
Yea but it is his job to know when he makes the mistake and warn me so my life isn't at risk. He sent me home. I even called him with symptoms the next day and he said it was normal those.
This post was edited on 2/26/16 at 6:19 am
Posted on 2/26/16 at 6:46 am to SXV
I would think you would have a case especially if he sent you home and said that was "normal"
Posted on 2/26/16 at 6:50 am to SXV
As someone who is going in for an endoscopy on March 2nd I hope you are happy to know I'll not be able to sleep at all now until mine is done. Edit: Damn you had to go and make me more paranoid than normal about this.
Also hope you get better soon. And yes sue them out the arse sounds like you have a case if he sent you home like that.
Also hope you get better soon. And yes sue them out the arse sounds like you have a case if he sent you home like that.
This post was edited on 2/26/16 at 6:51 am
Posted on 2/26/16 at 6:50 am to SXV
I did not see that info in your original post.
I hope you recover. You might have a case.
I hope you recover. You might have a case.
Posted on 2/26/16 at 6:53 am to SXV
I can't speak for the place you had it done but I've had 4 done and every time they've made me well aware that perforation is a risk. Especially if you're getting it dilated. You probably don't have much of a case because it's a known risk.
ETA: if you called him with symptoms and he didn't refer you to an ER you might have a case.
ETA: if you called him with symptoms and he didn't refer you to an ER you might have a case.
This post was edited on 2/26/16 at 6:55 am
Posted on 2/26/16 at 6:54 am to The7Sins
My bad. Maybe you won't get my doctor. Good luck.
Posted on 2/26/16 at 6:56 am to BluegrassBelle
quote:
BACKGROUND: Consequences accompanying esophageal perforation make this complication a prime litigation target. We characterize factors in jury verdicts and settlements regarding esophageal perforation, including operative procedure, patient demographics, alleged cause(s) of malpractice, outcome, and other factors.
METHODS: Pertinent court records were examined for the aforementioned factors.
RESULTS: Gastroenterologists, general surgeons, and anesthesiologists were the most commonly named defendants. Two thirds of outcomes were for the defendant, and 11.9 % were settled (median--$650,000); 20.3% resulted in awarded damages (median--$1.2 M). Esophagogastroduodenoscopy was the most commonly litigated procedure, followed by intubation and Nissen fundoplication. Necessity of repair, delayed diagnosis, death, and inadequate consent were the most frequently cited factors in litigation. CONCLUSIONS: An understanding of the factors important in determining legal responsibility is of great interest for practitioners in multiple specialties. The requirement of surgical repair and a delay in diagnosis are two of the most common factors present in litigated cases resulting in a payment. The importance of explicitly listing esophageal perforation in the informed consent for esophagogastroduodenoscopy, abdominal surgery, and any patients at risk of intubation injury needs to be emphasized.
Posted on 2/26/16 at 7:46 am to SXV
quote:
Necessity of repair, delayed diagnosis, death, and inadequate consent were the most frequently cited factors in litigation.
Like I said earlier, it would likely depend on how upfront they were about the risks and as you said after the OP, how they addressed the issue after the fact. The only time I had a complication after the fact (pain), my Gastro was very much on top of it. As was he beforehand addressing the risks.
You obviously feel you have a case by your responses. If you're looking to pursue a case you should probably consult with a lawyer who is well-versed in medical malpractice.
ETA: Perforations can also grow after the fact and may not be detectable shortly after the procedure. Just because he initially sent you home "ok", doesn't mean you didn't have a micro-sized perforation that grew after eating, swallowing, etc.
Like I said earlier, you may have a case if he didn't tell you to head to an ER when you called with symptoms.
This post was edited on 2/26/16 at 7:50 am
Posted on 2/26/16 at 7:54 am to SXV
I would not post on a public message board, but instead talk to a family doctor or attorney.
Posted on 2/26/16 at 7:58 am to SXV
dude i dunno you, but i hope you don't die
Posted on 2/26/16 at 8:22 am to SXV
Sue their balls off. I am sure there are billboards around UAB that have the names of appropriate attorneys at law.
Posted on 2/26/16 at 11:02 am to SXV
Did you sign an informed consent?
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