Question:
Does anyone have ideas on what I can do?
Unusual complication = malpractice? First of all, I think my surgeon did an excellent job. What happened was NOT his fault; he has never had this happen before in 22 years. However, it IS the hospital's fault. Basically, I received a second-degree burn on my back where the cauterization unit's grounding pad was because the cauterization unit was not functioning properly (it's not supposed to work at all if it's not 100% grounded). The burn was 12 inches wide and 4 inches high, and here at a month post-op, it still has at least another month of healing to go. I am going to have a huge scar and the plastic surgeon I talked to said it's going to be hard to get rid of it with my tummy tuck because of the location of the burn. I had to stay out of work longer than I wanted to because of the possibility of infection (my doctor still wants me to stay home but I just can't afford to at partial pay) and I still have a lot of pain. I also cannot take a bath or swim. I have spent over $100 on dressings already and have more than a month to go. My doctor filed an incident report with the hospital, but I think the hospital should pay me for the hell they've put me through. (I have a photo of the burn on my website on the scars page if you want to see it at 11 days post-op.) Has anyone got any experience with this, or ideas for me? — Julia M. (posted on October 16, 2001)
October 16, 2001
Oh, Julia, I feel so bad for you. I am so very sorry you had to go through
something like this and I think you are absolutely right - the hospital
should pay - and not only for the cost of the supplies you needed, but for
your pain and suffering and loss of pay - due to their total negligence.
My suggestion would be to find a good attorney, specifically one who
handles malpractice cases, if possible. I wish you the very best and hope
this will be the last of the misfortunes you will ever have to endure.
Nancy
— Nancy Z.
October 16, 2001
Hi Julia, I'm so sorry for what happened to you. I looked at the photo on
your website. I would IMMEDIATELY consult with a qualified medical
malpractice attorney. Do not wait on this! Very important! There is no
doubt that the hospital is at fault in this situation. They have insurance
and they should compensate you for ALL your troubles including future
plastic surgery. How unfortunate! I hope your recovery is swift and
complete. But do not wait on this...consult an attorney immediately. Hugs,
Joy
— [Deactivated Member]
October 16, 2001
Hi Julia :-) I have been reading your updates and saw the post (and
pictures) you made about the burn. I'm in 100% agreement that you should
contact an attorney ASAP! There is NO excuse for what happened to you. Take
care and please keep us posted at the BF group. We'd like to know how
things progress. Godspeed on your recovery.
— Jeralyn Merideth
October 16, 2001
Can you spell A-T-T-O-R-N-E-Y? THIS is what God put personal injury
attornies on the earth for. Good Luck to you!
— merri B.
October 16, 2001
There are statute of limitations on injuries. You need to contact an
attorney immmediately. If you dont know of one, just watch daytime TV there
are plenty of them advertising that specialize in personal injuries. DO NOT
contact the hospital and request anything, Leave it to your attorney. Best
wishes and I hope you heal faster than you expect. Hugs to you for all you
have gone through
— [Anonymous]
October 17, 2001
The other posters are right. Contact a lawyer ASAP. Do not dign any release
from the hospital. You may however wish to settle out of court. I'm just
thinking that when left to a jury they may be biased considering the
surgery you were getting, as so many people are ignorant and can't and
don't want to understand. It may not work in your favor to go to Court, but
then again one can never tell what a jury will do. But it's somehting you
should consider, if you get a reasonable settlement offer. Talk it over
with your lawyer. Good luck and keep us posted!
— [Anonymous]
October 17, 2001
Julia--I agree with the other posters. You should definitely consult an
attorney. I don't think it necessarily has to be one specializing in med
mal alone, as from what you describe, there are a number of causes of
action that should be examined, including tortious negligence and product
liability (if the machine is not supposed to work if not grounded, and
wasn't grounded when you were injured). Like the others said, I would
probably not contact the hospital or respond to contacts from them on your
own. See an attorney first, and they could handle these things. Based on
the type of case and likelihood of success, you probably won't need to pay
anything up front...just part of settlement/verdict. Please do follow this
up...I let something like this go before and I'm sorry about it now. I
think the minimum statute of limitations is one year for a tort, so you
have time to address this the right way. I understand that you feel your
doctor did his job and it was unfortunate it ended this way, but even if
you weren't to go for punitive damages, you should at least be able to
recover for the costs you will sustain because of their actions. Keep us
updated. Good luck.
— Tracy L.
October 17, 2001
Experience,no. Advice, yes. Call a malpractive attorney.
Most hospitals have "Patient Relations" departments who deal
with such things. You could write them a letter (....with a copy)
going to the President of the hospital (or whatever his/her title)
stating the circumstances of your injury and requestinf reimbursement
for expenses and lost wages relating to the injury. The "incident
report"
simply documents the injury for the record....it protects the hospital and
the doc...not the patient. Personally, I would see an attorney pronto!
...and your doc might, indeed, share some of the responsibilty for what
happened. Don't let him off the hook so easily. He's no fool, of course
he wants to place all the blame on the hospital, he doesn't want a claim
against his malpractice insurance.
— [Anonymous]
October 17, 2001
OH MY GOSH!!!! I looked at your picture of the burn. RUN, don't walk to
the phone and call a lawyer. I'm not one for suing, but in your case I
think it is very warranted. While you were in the hospital, did anyone
representing the hospital come to you and express how sorry they were??
Not that it would make you feel better, but it would be nice to heat that
they at least showed a little care. Good Luck to you!
— DebbieJ
October 17, 2001
I wouldn't waste any more time......Get Ye to a Malpractice Attorney.
Where are you located? One of the best malpractice attorneys are located
in Great Neck, New York. They are Pegalis & Waxman. It's worth the
phone call...maybe they can recommend someone for you. Otherwise, call the
AMerican Bar Association...they can help you out.
— Dianne K.
October 17, 2001
I am located near Seattle, WA, and started calling around to find an
attorney today. I don't want to deal with a shark or an ambulance chaser...
OK, this might make it hard for me to find an attorney :-) ... but I'll
find the right person. <br><br>I'm sorry that Betty felt so
cynical about Dr. Weber... she's right that he's ultimately responsible,
but nobody had any idea that anything had gone wrong until 6 days post-op
when the burn blister popped. Because I could not see the burn, I didn't
know I had it until then; I thought I had a patch of dry skin from being in
bed so much.<br><br>I have very mixed feelings about pursuing
this but I do feel the hospital owes me some money for having crappy
equipment. Stay tuned via my profile!
— Julia M.
October 18, 2001
Boy oh boy....this surgeon is one lucky guy. Of course, he knew
that dropping a cauterizing instrument on a patient's skin would
cause an injury. Helloooooo....he *is* a doctor! So, he files his
incident report....giving his side....and makes buddies with the
patient's family so that they feel all "warm and fuzzy" about
him
when the burn flares. What a sleazy bag........it makes me wonder about
the whole story.
— [Anonymous]
October 18, 2001
Anonymous (of course, you're not brave enough to use a real name), you
obviously didn't even read the question or look at the photos on my
website. It is completely IMPOSSIBLE for the cauterization unit (the
hand-held part) to have caused the burn I have. It's in the small of my
back, upon which I rested throughout my surgery. Unless they heaved up all
303 lbs of me and turned me on my side to deliberately burn me, there's no
way he could've reached! Also, the burn is HUGE, not tiny like you'd get
with the tip of the cauterization gun. Finally, the burn is UNDER where the
cauterization system grounding pad was placed.<br><br>Responses
like yours, inconsiderate and not helpful, keep people from even asking
questions here! When you make snide remarks like you did, you do a real
disservice to our community.<br><br>Thanks to everyone who took
the time to look at my situation and to think about it; I appreciate your
thoughtfulness and concern.
— Julia M.
October 18, 2001
First of all, I am sooooo sorry you even have to go through
this. I know it' corny but i hope you get better!!!!!!!
I'm w/ all posters who say get a PI attorney!!!, You should
depending get at least 3X the amount of $ you have spent and
lost work, and diress( sp?). My best friend's hubby is a PI
attorney here in Houston. Wish I could help you. You WILL
be compensated for this, but do get an attorney!!!!
— Cindee A.
October 24, 2001
Well, I've talked to the President of the Washington State Bar and he says
that I *DO* have a case against the hospital, and he gave me the name of
two attorneys that would handle this sort of case and that he holds in high
esteem. Wish me luck! It is such a relief to be told that I do have a
case!! I knew I did, but understanding the laws is a completely different
matter.
— Julia M.
October 24, 2001
This exact situation happened to a woman in our local support group. Her
burn was/is hideous and was the worst part of her post op recovery. I wish
you luck in your proceedings.
— BethVBG
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