What steps can I take after being mistreated after surgery, from mediation to a catheter mishap to release before ready?

Question

I received spinal fusion surgery on July 16, 2012. My pain was treated with oral medication (Vicodin), which was insane since I have a resistance to vicodine from years of usage for pain management. Also the nurse managed to trip on my catheter causing bleeding. Then when I was too beligerant about my pain, they released me after 24 hours from insertion of titanium screws and rods. The nurse also ripped the tape off my abdomen taking with it several patches of skin. I have had 2 back surgeries and 2 kidney surgeries and was always administered pain medication via IV for at least 24 hours after surgery.

Melvin Franke · Answer

What are your permanent injuries which are worth suing for?

Mark Leonardo · Answer

The question with medical malpractice is whether the performance was below the standard of care.  In addition to that, you have the negligence of the nurse tripping over the catheter, but the damages from that are probably minimal, but at least it?s a claim.  The ripping off of the tape you might claim was an act of intentional infliction of emotional distress and possibly even battery.  She would probably claim that pulling it off quickly is standard protocol.  I suggest you contact a medical malpractice attorney for a free consultation to see what rights you have.

Steven A. Schwartz · Answer

What you are looking to do is make a medical malpractice claim, but from the information you provided, I do not think it makes practical sense to do so at this time.  Malpractice claims are VERY expensive, requiring numerous depositions and the hiring of medical experts.  I think you will find that the majority of malpractice attorneys will only take a malpractice claim if the damages are severe and permanent.  It sounds like there may be some malpractice here, but it does not sound like the malpractice caused severe and permanent injury.  Unfortunately, I think you will spend more money prosecuting this case than you stand to gain.

Dennis P. Mikko · Answer

Your case should be reviewed by an attorney specializing in medical malpractice.  In any possible malpractice case, it must be determined if your care was within the acceptable standard of care.  Only an expert witness can make this determination and a malpractice attorney will have access to such an expert.

Gregory Casale · Answer

Unfortunately, your mistreatment does really not arise to the level of Medical malpractice, in my opinion, from what you have conveyed here. Medical malpractice is an often misunderstood tort. To be convicted of medical malpractice a person must suffer substantial harm and the level of care must not meet the standard level of care for that procedure or malady. In other words, if the treatment protocols allow for a range of medications for pain management and your doctor's prescribed medication is one of the management treatment protocols for that particular surgery, it is not negligence or mal practice to proscribe you medication that is inadequate to completely manage your pain, if it is within the proscribed protocol for that treatment. Similarly, if a set of conditions suggests a particular diagnosis and the actual diagnosis is not proper, again it does not rise to the level of negligence or medical mal practice to miss the diagnosis. Medicine, as good as it is, is still not an exact science and all doctors are not created equal. A doctor has to actually be deemed negligent to be subject to a successful claim. You could have a claim, but not from what I have read and certainly not a claim I would be interested in pursuing. Not only is a med mal case hard to prove, it is costly and difficult to bring as well. I urge you to consult with other attorneys if you feel that your doctor's actions were actual negligence.

David Stoddard · Answer

Unless the mistreatment caused some permanent impairment that you would not have otherwise suffered, you would not have sufficient damages to sue for malpractice.  Your only recourse would be to file a complaint with the hospital administration, or the appropriate medical disciplinary board.

Michael Yeksavich · Answer

Consult an attorney but that may not be an answer. A complaint can always be  filed with the licensing entities for the physicians and the hospital.

Mark Smith · Answer

I do not see any cause of action other than a complaint to the chief of   surgery and the President of the hospital.

Thomas Edward Gates · Answer

I lack sufficient information to answer your question completely.  Generally, when one looks at a potential malpractice law suit, they must determine the standard of care that should be provided for the particular medical treatment.  Hence, while you have several prior surgeries and treatment regiments, they may not parallel the type of care that one can expect for your surgery.  Without more specifics on your case, it is difficult to give you further guidance.

Irving Blank · Answer

You can file a complaint with the patient advocate at the hospital, you can file a complaint with the State Board of Medicine, or you can see a lawyer about a suit, but it does not sound like your damages will jutify the expense of suing the hospital.

Paul Whitfield · Answer

You have hurt feelings but do you have any real damage? You need a medical doctors opinion that anything you say that happened is negligence and that the negligence caused damage. Your anger or pique about the way you were treated may prove to be a problem for you. patients do not normally dictate levels of care or medications.

James Osak · Answer

You need to get all your medicak files to PROVE your case. Talk to a malpractice attorney. . . they can usuall get your records from the hospital and REVIEW them to see if possible malpractice did occur. Good luck.

John Brennan · Answer

You can complain to your doctor, the hospital, the nurse's supervision and others.   As for a malpractice action and recovery, that is much more difficult, and you will have to find a doctor who will testify that you were injured due to a breach of the standards of medical practice.  I am not certain you wish to undertake that time, effort and expense given the damages you listed.

Jeffrey Tuttle · Answer

I don't think your damages justify initiation of a civil lawsuit. You would be better served to write a letter of complaint to the hospital and file a formal complaint with the medical disciplinary board.

Michael Heilmann · Answer

IT is my view that the injury while painful to you will not merit a lawyer's involvement. Only 20% of all medical malpractice claims see any compensation because the legislature has made it so difficult to sue in Michigan. You will need a doctor and nurse to testify in the case and that is very expensive. The fact of the matter is that you need permanent injury to get any compensation. Good luck.

Stuart Nachbar · Answer

I am sorry to read all that you have been through.  You would need to speak with a medical malpractice attorney, and obtain an Affidavit of Merit from another Doctor who would say that what you went through is the normal standard of care.  There are many great Medical Malpractice Counsel in this State, in such places as Roseland, Princeton and Hackensack and Bergen.  You definitely should consult with one of them.

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What steps can I take after being mistreated after surgery, from mediation to a catheter mishap to release before ready?

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