Would you sue? (sorry, long)

cappyb13 · December 2008

I'm sorry you had such a rough experience. ?It sounds a lot like my SIL's and co-workers (neither sued or even mentioned malpractice). ?

What exactly are you hoping to accomplish by suing? ?If you don't want this to happen to someone else, a strongly worded letter to the hospital board or even a face to face meeting with the hospital administrator are better options, IMHO. I don't agree with suing simply for monetary gain. ?Is a check going to make you feel any better about your experience? ??

I am currently in law school and there is definitely a "sue everybody" mentality amongst my peers. ?It's disgusting. ?The lawyers profit, but the average consumer gets the shaft. ?

cappyb13 · December 2008

CaliWieselman:
absolutely! Im sorry you had to go through any of that!! If this was a plastic surgery case people would be saying sue left and right and you should! Your skin does not turn black normally! Get what you deserve!!

I would definitely NOT be telling her to sue if it was a plastic surgery case. Most plastic surgery procedures are ELECTIVE and therefore the patient should be even more aware of complications and undesired outcomes. ?

Silver nitrate is commonly used and does turn skin black. ?

fluffer.nutter · December 2008

i have to disagree with the posters that said it is not malpractice because what happened to you wasn't intentional. i believe medical malpractice covers any error made in your care, including negligence, not just intentional errors. and it includes nurses and other hospital staff, not just doctors. so even if it is the nurses' jobs to check dilation, it appears there was an error made in their assessment which led her to labor for over 24 hours, which the doctor said should not have happened. and thus, a chain of events began that required additional care for her and her baby. she or her insurance will be billed for the additional care needed that all stemmed from their error. to be fair, everything involved in her care doesn't appear to be cause from their negligence, some things just happen, but only an expert could really evaluate the cause and effect relationship of what did happen and whether it was as a result of her laboring too long.

i agree that society as a whole is overly litigious, but that doesn't mean a potentially valid case should be overlooked just because. i would definitely talk to a lawyer.

also wanted to add... the only cause for suing here, IMO, would be so you don't get billed for any care that occurred as a result of their negligence or error, because i really don't think you suffered damages since you and your baby are healthy. I definitely don't see this as being an opportunity to get rich quick with a big payout, and I surely hope that is not the motivation to sue. so as some other posters mentioned, it may be better to just have the lawyer draft a letter of complaint to the hospital in hopes they write-off the portions of your bill that were a result of errors made on their part.

LuckySunshineBaby · December 2008

I think that this is not an appropriate example of when to sue. There are so many OB's that leaving the field due to malpractice rates. I agree with pp that suggest a letter. The OB that did my c-sec. was a complete jerk (the only one in the practice I hadn't met). He did a number of things that DH and I found unacceptable. However, none of them had long term ramifications on my health (not appearance, but health) or DD's. So we spoke to our OB at the follow up visit and wrote several letters. End of story. We never considered sueing, despite many people suggesting just that.

donnycornelius · December 2008

Whoops, suffering from pregnancy brain. It's "hearsay" not "heresay."

Also, just a side note about the McDonald's hot coffee case: there's more to that story than most people know. Yes, the lady spilled hot coffee on herself, and coffee is hot (Duh!)

But, the reason she won her case is that there is an industry standard among restaurants which regulates how hot coffee is allowed to be. Coffee over a certain temperature is not allowed to be served to customers. Turns out McDonald's was serving coffee way hotter than it was allowed to. So, if McDonalds had been following the rules, she wouldn't have been as badly burned as she was.

litzo27 · December 2008

I'm not a doctor and not a lawyer, and that's precisely why I would consult with a lawyer. It certainly sounds that even if the doctor was not negligent the hospital procedures failed in some fashion to allow a lot of the problems to come about.

jacobandcrystal · December 2008

charlaNIKol:

Also, the nurse only came in to check me when I called for her. I didn't sleep any so I know she didn't come in while I was sleeping. The IV machine went on a blitz and was saying error, air in line. She couldn't figure out how to fix it and said there were no more IV machines.

This REALLY hits home for me... and I also had a lawsuit suggested to me. It sounds like the nurses were the main problem in your situation, as they were in mine. My nurse was also brand new. I found out for sure when an older nurse finally came in and asked her "Do you want to check her when I'm done so that you'll know what a fully dilated cervix feels like?" This was asked of the nurse who was assigned to me ALL day, but was hardly ever in my room checking me. So much more happened that I don't care to go into, but:

To the people who think this wasn't neglect... ask my mom and husband (who were there) if they think I was "neglected" during my labor AND delivery, and they won't hesitate for a second to say "yes". Neglect by it's definition is not "trying to hurt someone", it is lacking in caring for them properly.

jamienichole · December 2008

What exactly is your claim? You didn't suffer any sort of "injury" and neither did your baby. You were greatly inconvenienced, but really...IMO that isn't enough for a lawsuit.

I work in insurance and deal with these types of claims every day and can tell you that you don't really have much of a claim. The hospital's insurance company may give you a very small amount just to make the claim go away, but after you pay your attorney, and all the time and effort it takes to actually file a lawsuit...it wouldn't even be worth it. If you go talk to an attorney they might tell you to hire them to fight the hospital for pain and suffering....but those are the ambulance chasers and just after your money

I agree with pp and write a letter to the hospital...

mexicomatch · December 2008

6fsn:
I wouldn't sue, but I would certainly send a letter to the doctors and the hospital board.? They take this stuff very seriously.

?

I agree with sending a letter. ?This is not medical malpractice. You are both fine, and complications can occur with any procedure or surgery. ?Pain meds may or may not work- again, not malpractice worthy. ?My sister had the same experience (pain wise) as you with her c/s. ?

?The inability to get blood or an IV on baby so he has buises is also not malpractice worthy. ?They couldn't get blood from my little guy and they had to poke him so many times while the little guy was screaming after he was born. ?

The doctor saying, "this shouldn't have happened" is not claiming wrongdoing, it sounds more like she is apologizing for what you had to go through- but again, an apology does not mean she did something wrong. ?I have apologized to patients for things they tell me that other nurses or staff have done- I don't mean to imply that the nurse was wrong, but that I am sorry the patient is feeling that way. ?

It's unfortunate that people in the US are so sue-happy. ?This is why OB-GYN's are getting out of the OB part of it- unnecessary lawsuits that raise their insurance premiums until they are out of control. ? Too many people sue. ?All these damn commercials during the day I saw on maternity leave- "if you or a neighbor or a friend of a friend has a child with (name a syndrome or disease)...then call our office, you may be entitled to..." ?Bullsh*t. ?

Sorry you had a bad experience, but not every bad experience or complication is worthy of a lawsuit! ?Of course, if you talk to a lawyer they may say you have a case, because they want to make money!!?

charlaNIKol · December 2008

It wouldn't be for money (believe it or not), but so it doesn't happen to other people. I don't care if we get a dime as long as it helps keep someone else from going through what we did.

It sounds to me like it wouldn't be malpractice, but maybe negligence. IDK, I'm not a lawyer.

I appreciate all of your opinions and thank you for your concerns. I am going to consult a lawyer because it's free and doesn't obligate me to do anything.

At the very least, I'm going to write a long letter to the hospital and hope they realize at least one of their nurses needs better training. Thanks again!

jacobandcrystal · December 2008

charlaNIKol:

It wouldn't be for money (believe it or not), but so it doesn't happen to other people. I don't care if we get a dime as long as it helps keep someone else from going through what we did.

I believe you! Completely... having gone through a similar experience. It was 2.5 years ago and I still think very often about that hospital and pray that the moms in labor there aren't going through the same thing I did.

I never even wrote a letter (I think because I didn't even digest what happened until much later, and not fully until I saw how great it could be after my 2nd 4 months ago), but now I wish I had.

OUMedBride · December 2008

I just read that entire story, and there's not one piece in there that looks anything like medical malpractice. Exactly what part of it did your cousin call malpractice? You had a tough delivery. I did too. It's tough, and I'm still not over it. But it's not your doctor's fault or your nurse's fault or anyone else's... it just happened. Everyone did the best they could do in the situation. You can't sue just because your delivery wasn't puppies and rainbows. I'm not trying to be snarky, and I truly am sorry your delivery turned out the way it did (it's actually scary how much it parallels mine in several parts, which is surprising since everybody told me what happened to me is fairly rare). But, you really don't have a case. I suggest you just try as hard as you can to get past it. Many on here have started therapy for birth trauma, and it may help you as well.

mars77 · December 2008

If it hasn't already been said, speak with the hospital's Quality Management Director. This should be documented for Performance Improvement.

I had a horrible experience with a doctor who refused to perform the physical exam I had gone to see him for during a miscarriage. As a result of his failure to check me out, I ended up in the Emergency Room two months later with retained products of conception. Because there was no life-threatening infection or irreparable damage, I was told by the lawyer I consulted that a malpractice suit would cost as much as, or more than, I could potentially win and that it could drag out for a couple of years.

Better to tell the hospital so they can address the issue directly to prevent this from happening again. In my state, I have three years from the date of incident to file a grievance with the board of licensing, too.

donnycornelius · December 2008

Negligence is the same thing as Medical Malpractice. That is the claim that a Medical Malpractice asserts--that the medical provider was negligent in its care.

Medical Malpractice is not an intentional tort. Doctors don't intentionally leave sponges in a patient's stomach or intentionally amputate the wrong leg.

mirandalee · December 2008

First off, have you spoken w/ the Patient Advocate at this Hospital? I think that should be your first step, although if you contact a lawyer they will also speak with the Patient Advocate. It is the PA's responsibility to address all quality of care issues within the Hospital. Good luck, sorry you had such a rough time.

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