Tilted Forum Project Discussion Community  

Go Back   Tilted Forum Project Discussion Community > Chatter > General Discussion


View Poll Results: Would you sue?
Yes I would. 4 4.88%
No I would not 69 84.15%
Not sure, I would have to actually be in the situation 9 10.98%
Voters: 82. You may not vote on this poll

 
 
LinkBack Thread Tools
Old 04-30-2007, 08:17 PM   #1 (permalink)
Registered User
 
frogza's Avatar
 
Location: Right Here
Would you sue?

Two weeks ago my appendix burst and I had an emergancy appendectomy. Both my wife and I told the anesthesiologist that I have a very low tolerance for any drugs and to go real easy on them or I could have complications. he said he would, my wife was told that I should come out of it within 4-5 hours and be ready for release after 8-9 hours. I ended up being out for almost 10 hours, when I woke up I was given morphin and fenegrin and was sent home.

Within five minutes of getting home I had a seizure and had to be taken back to the hospital in an ambulance. At the hospital the OR doctor determined that the seizure was the result of too many drugs for my body to handle. For the rest of my recovery I couldn't use any drugs for the pain.

The anesthesiologist said that he used a smaller dose than normal, but clearly not small enough for me. I am 6'5 and weigh 220, so I'm not a small guy but from past experience I know that usually a toddlers dosage is good enough for me.

The way I see it, this was just a case of unclear communication that led to an unfortunate event. I'm fine now, without any lasting effects (except of course the missing organ) Others that know what happened have suggested I sue for the trauma my wife and I went through. Neither of us feel that we should so we won't.

This whole thing has got me wondering though, how many people would sue and why. Personally I don't see the point in suing in this case, it was a simple mistake. So what do you guys think? What would you do in if you were in my place?
frogza is offline  
Old 04-30-2007, 09:12 PM   #2 (permalink)
Junkie
 
SirLance's Avatar
 
Location: In the middle of the desert.
Sounds like a Dr. in an emergency situation did his best. You were not harmed by any professional misjudgement on his part, and you have no cause of action.
__________________
DEMOCRACY is where your vote counts, FEUDALISM is where your count votes.
SirLance is offline  
Old 04-30-2007, 09:21 PM   #3 (permalink)
Sky Piercer
 
CSflim's Avatar
 
Location: Ireland
I agree with SirLance. There was no long term problems caused by what happened, so there is no real reason to sue.
__________________
CSflim is offline  
Old 04-30-2007, 09:36 PM   #4 (permalink)
The Reforms
 
Jetée's Avatar
 
Location: Rarely, if ever, here or there, but always in transition
Yes, if there was no outstanding long-term physical or mental damage, then the suit would collapse before it ever would be presented to a judge.

Unless someone with in an inordinate amount of money, time, and arrogance would pursue an endeavor such as this, it would be better just to chalk this circumstance up to simple miscommunication.
__________________
As human beings, our greatness lies not so much in being able to remake the world (that is the myth of the Atomic Age) as in being able to remake ourselves.
Mohandas K. Gandhi
Jetée is offline  
Old 04-30-2007, 10:08 PM   #5 (permalink)
Junkie
 
Seaver's Avatar
 
Location: Fort Worth, TX
I have a friend who is an anesthesiologist, and he has told me many times that his job is more of a guessing game than anything else.

Every body has a million different reactions to any type of drug, and more often than not people don't list every medication they take. These medications can greatly change the effect the drugs given by the anesthesiologist.

You could probably get a lot of money by a hospital who would much rather settle, but I wouldn't put the personal blame on this man.
__________________
"Smite the rocks with the rod of knowledge, and fountains of unstinted wealth will gush forth." - Ashbel Smith as he laid the first cornerstone of the University of Texas
Seaver is offline  
Old 04-30-2007, 10:26 PM   #6 (permalink)
Devils Cabana Boy
 
Dilbert1234567's Avatar
 
Location: Central Coast CA
it's not like it was negligence, they cut back but not enough, you may want to have them add it to your record that you don't tolerate drugs well. medical prices are already high enough because people sue for less then this. as long as it was not negligence, or incompetence, i don't see the reason. they may owe you for lost wages, but beyond that, in my book, no harm, no foul.
__________________
Donate Blood!

"Love is not finding the perfect person, but learning to see an imperfect person perfectly." -Sam Keen
Dilbert1234567 is offline  
Old 04-30-2007, 11:12 PM   #7 (permalink)
Evil Priest: The Devil Made Me Do It!
 
Daniel_'s Avatar
 
Location: Southern England
I don't think you shoud (morally).

I think that if you do, and if you get a good (i.e. bad) lawyer, you may just have won the lotto.

How are you plnning on spending your millions?

/cynicism
__________________
╔═════════════════════════════════════════╗
Overhead, the Albatross hangs motionless upon the air,
And deep beneath the rolling waves,
In labyrinths of Coral Caves,
The Echo of a distant time
Comes willowing across the sand;
And everthing is Green and Submarine

╚═════════════════════════════════════════╝
Daniel_ is offline  
Old 04-30-2007, 11:13 PM   #8 (permalink)
Crazy
 
Location: Adelaide, South Australia
Personally I think that suing is for misconduct, negligence or deliberate maliciousness, not for when people try their best but fail.
cyklone is offline  
Old 05-01-2007, 04:24 AM   #9 (permalink)
Asshole
 
The_Jazz's Avatar
 
Administrator
Location: Chicago
As someone how deals with liability settlements day in and day out, I think your only hope here is to get what I call "go away" money. If you get this into trial, it will cost the hospital a lot more to try the case than it will to just give you say $10,000 to make you go away. You'd then have to share that with your attorney and pay taxes on it, so in the end it would most likely be about $3,500-$4,000.

Also, Jetstream, there's nothing here that would cause a judge to dismiss this case out of hand unless there's some technicality. He would allow it to be tried on its own merits, and the plaintiff (frogza) would get his case to demonstrate how he was harmed. I suppose a case could be made for negligence here, but it's doubtful it would hold up in court.

Finally, frogza I hope you're feeling well.
__________________
"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." - B. Franklin
"There ought to be limits to freedom." - George W. Bush
"We have met the enemy and he is us." - Pogo
The_Jazz is offline  
Old 05-01-2007, 04:52 AM   #10 (permalink)
Junkie
 
Quote:
Originally Posted by Dilbert1234567
it's not like it was negligence, they cut back but not enough, you may want to have them add it to your record that you don't tolerate drugs well. medical prices are already high enough because people sue for less then this. as long as it was not negligence, or incompetence, i don't see the reason. they may owe you for lost wages, but beyond that, in my book, no harm, no foul.
I absolutely agree. I have the exact opposite problem, I tolerate the anesthetic too well so I need more to put me under. Found that out the hard way after waking up during a procedure once. Like Seaver said, it's more of a guessing game for them than anything because everyone tolerates it differently.

I hope you're feeling better frogza.
__________________
"Fuck these chains
No goddamn slave
I will be different"
~ Machine Head
spectre is offline  
Old 05-01-2007, 06:01 AM   #11 (permalink)
I'll ask when I'm ready....
 
Push-Pull's Avatar
 
Location: Firmly in the middle....
For me, it's a "it depends" thing. I agree that if you didn't have any lasting damage, then the suit is probably not a good idea for moral reasons.

If, however, you did incur some costs related to it, then you may want to see if they will pick up the tab for that, as you were not at fault in that case. Your insurance company may also be interested, because if it weren't for the reaction, you wouldn't have needed to go back, and your ins. co. wouldn't be paying out for it.

Just my 0.12714 Botswana Pula worth.....
__________________
"No laws, no matter how rigidly enforced, can protect a person from their own stupidity." -Me-

"Some people are like Slinkies..... They are not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs." -Unknown-

DAMMIT! -Jack Bauer-
Push-Pull is offline  
Old 05-01-2007, 06:34 AM   #12 (permalink)
Registered User
 
frogza's Avatar
 
Location: Right Here
I'm glad to see that so far you are all right in line with my thinking. Just to be clear, I was not and am not planning on sueing. After being told by several people that I should sue, I wanted to see if that was a normal reaction or not.
frogza is offline  
Old 05-01-2007, 11:06 AM   #13 (permalink)
Junkie
 
Location: San Antonio, TX
I certainly wouldn't sue, at least for the anesthesiologist's actions. If what you told the anesthesiologist was 'go a little easy' on the drugs, then that's not nearly enough guidance for him to be certain of getting it right. He (or she) is going to have to essentially guess at an amount that will keep you under 'long enough', but not cause adverse effects.

On the other hand, from what you say, it sounds like the hospital released you too early! You haven't really spelled out the timeline, but if they released you immediately after waking up from being under for an unusually long time...that sounds a bit irresponsible (aka 'cost conscious') to me. I don't know if I would sue over it, especially if there was no lasting damage, but I've heard a lot of stories about how hospitals are cutting costs by released patients as early as possible. I think it's inevitable that cases where the patient was released too early will increase.
robot_parade is offline  
Old 05-01-2007, 12:34 PM   #14 (permalink)
Registered User
 
frogza's Avatar
 
Location: Right Here
Quote:
Originally Posted by robot_parade
On the other hand, from what you say, it sounds like the hospital released you too early! You haven't really spelled out the timeline, but if they released you immediately after waking up from being under for an unusually long time...that sounds a bit irresponsible (aka 'cost conscious') to me. I don't know if I would sue over it, especially if there was no lasting damage, but I've heard a lot of stories about how hospitals are cutting costs by released patients as early as possible. I think it's inevitable that cases where the patient was released too early will increase.
I had been awake for almost an hour when I was released.

On an interesting side note, for the first 20 minutes after I woke up I spoke only spanish to my wife and the nurse. I could understand english fine but just couldn't figure out how to speak it. English is my native language, spanish was the second language I learned.
frogza is offline  
Old 05-01-2007, 10:53 PM   #15 (permalink)
Banned
 
Really... if you were awake, aware, and alert after sedation, and your respirations weren't depressed at all, there's no way they'd foresee the seizure activity, regardless of how long you were asleep (unconscious). Prolonged sedation isn't something they worry about too much- it's when your respirations slow down that concerns them. Now granted, 10 hours is a long time, but it's not unreasonable by any means... it just means that it took your body a long time to metabolize it and filter it out.

Also, the language thing happens... it doesn't mean much of anything other than certain parts of your brain had awoken and others hadn't. People are sent home from dental surgery still drugged out of their minds all the time. I don't think an hour waiting period is anything to care about.
analog is offline  
Old 05-02-2007, 03:13 AM   #16 (permalink)
People in masks cannot be trusted
 
Xazy's Avatar
 
Location: NYC
I would consider getting a copy of the medical records, and ask another anesthesiologist for their thoughts if he did in fact per your instruction decrease the amount of drugs he gave you. If it seemed reasonable I would let it go, if not I would file a complaint with the medical board.
Xazy is offline  
Old 05-02-2007, 05:13 AM   #17 (permalink)
still, wondering.
 
Ourcrazymodern?'s Avatar
 
Location: South Minneapolis, somewhere near the gorgeous gorge
Always avoid unnecessary litigation.
It encourages the lawyers, and more of the same.
__________________
BE JUST AND FEAR NOT
Ourcrazymodern? is offline  
Old 05-02-2007, 02:38 PM   #18 (permalink)
Junkie
 
james t kirk's Avatar
 
Location: Toronto
In Canada you wouldn't get a dime.

"You're not dead" would be response.

Kind of a British "Keep a stiff upper lip" thing.
james t kirk is offline  
Old 05-02-2007, 02:43 PM   #19 (permalink)
... a sort of licensed troubleshooter.
 
Willravel's Avatar
 
Don't use that doctor next time.
Willravel is offline  
Old 05-04-2007, 05:35 AM   #20 (permalink)
Upright
 
Location: Columbia, MD
I had a migraine for 12 days with no relief and I went to the ER for it. I made sure to be specific in telling them that I cannot use any triptans like Imitrex or Zomig. They cause a serious heart problem in me. They noted it on my chart. Later, the nurse came in and put Imitrex in my IV while I was sleeping. The doctor had told her to do this. I woke up to chest pains and my heart rate was through the roof. There were people all around me freaking out and trying to save my life. It was really scary. I lived through it and although I considered suing for it, I decided that mistakes happen and no permanant damage was done. I am alive and well now. I don't want medical attention to get any more expensive than it already is, and medical malpractice suits are the main reason for the expense now.
eileenbunny is offline  
Old 05-04-2007, 07:35 AM   #21 (permalink)
Upright
 
IF YOUR APPENDIX WAS RUPTURED WHEN REMOVED--YOU SHOULD HAVE BEEN IN THE HOSPITAL AT LEAST OVER NIGHT TO MONITOR THE POSIBILITY OF INFECTION.
HALJNS is offline  
Old 05-04-2007, 08:13 AM   #22 (permalink)
Too Awesome for Aardvarks
 
stevie667's Avatar
 
Location: Angloland
I wouldn't sue, but i would get them to make a clear note on your medical records about your drug tolerance (or lack thereof) for future reference.
__________________
Office hours have changed. Please call during office hours for more information.
stevie667 is offline  
Old 05-04-2007, 10:45 AM   #23 (permalink)
still, wondering.
 
Ourcrazymodern?'s Avatar
 
Location: South Minneapolis, somewhere near the gorgeous gorge
Quote:
Originally Posted by eileenbunny
I had a migraine for 12 days with no relief and I went to the ER for it. I made sure to be specific in telling them that I cannot use any triptans like Imitrex or Zomig. They cause a serious heart problem in me. They noted it on my chart. Later, the nurse came in and put Imitrex in my IV while I was sleeping. The doctor had told her to do this. I woke up to chest pains and my heart rate was through the roof. There were people all around me freaking out and trying to save my life. It was really scary. I lived through it and although I considered suing for it, I decided that mistakes happen and no permanant damage was done. I am alive and well now. I don't want medical attention to get any more expensive than it already is, and medical malpractice suits are the main reason for the expense now.
I'd definitely sue for this. I'm a big believer in not driving up the high cost of health care, but if you were "specific" and it was "noted on (your) chart" the doctor owes you something. The DOCTOR and noone else.
__________________
BE JUST AND FEAR NOT
Ourcrazymodern? is offline  
Old 05-05-2007, 01:23 AM   #24 (permalink)
Upright
 
37OHSSV's Avatar
 
Location: Lesbian trapped in a man's body
Quote:
Originally Posted by Ourcrazymodern?
I'd definitely sue for this. I'm a big believer in not driving up the high cost of health care, but if you were "specific" and it was "noted on (your) chart" the doctor owes you something. The DOCTOR and noone else.
That's just it--he WASN'T specific. Unless he instructed them to administer, say, "50% of the normal dose," there are no grounds for a suit. Actually, even under those circumstances, the anesthesiologist is required to act according to his best judgement.

Uninformed patients assume that working on people is like working on a car. The same people who want to sue for being out too long would be just as anxious to sue if they woke up during the procedure. As is painfully obvious, people vary in their response to drugs.

My statement to the sue-happy would be, "Either specify the exact quantity of medication you desire, or accept the fact that anesthesia is an inexact science, and be prepared for a less than ideal outcome."

"Or you can find another anesthesiologist. Good luck finding one who will guarantee a perfect result, and enjoy your ruptured appendix."
37OHSSV is offline  
Old 05-05-2007, 04:23 PM   #25 (permalink)
Junkie
 
greytone's Avatar
 
Just for the sake of discussion (not because it will change anyone's mind in this case) I would like to point out what it takes for a finding of malpractice.

First, the medical professional must provide care that does not meet the community standard of care. Second, there must be harm to the patient as a result of the substandard care.

Part one has not been establised in this case with regards to the anesthesia. It could be argued that discharge was premature, but that is rapidly becoming the norm without people having bad outcomes.

As far as the second part, your damages would be limited to the cost of your follow up care and any extra lost income, because you had no permanent loss of function and you had no real suffering (other than a little bit of worry).

I was encouraged by everyone's answers. Unfortunately there are too many people who think bad outcome equals malpractice.
__________________
I was there to see beautiful naked women. So was everybody else. It's a common failing.
Robert A Heinlein in "They Do It With Mirrors"
greytone is offline  
Old 05-05-2007, 11:28 PM   #26 (permalink)
Insane
 
tenniels's Avatar
 
Location: Oh Canada!!
I think there are too many cases of people suing (whether medically or not). I think it's become an "easy" way to get money. I would not sue for any reason unless something very serious happened to me.
__________________
I like things. And stuff. But I prefer to have things over stuff.
tenniels is offline  
Old 05-07-2007, 02:29 PM   #27 (permalink)
I'm a family man - I run a family business.
 
Redjake's Avatar
 
Location: Wilson, NC
If there are no long-term effects, I wouldn't sue -

Further more, if there aren't any long-term effects, you would be hardpressed to have a successful case, because of the situation. Because of the fact you didn't tell the doctor a specific amount, he can't be held liable. You told me less, and he gave you less. Your attorney would have to argue that the doctor didn't practice "due diligence" by giving you a lesser amount of anestesia, and that just gets nasty.

The defendant would simply argue that there isn't a simple way to tell what is the 100% correct amount to give someone who is a certain weight that is very "sensitive to drugs." Considering there isn't even a defined amount in place today (anestesiologists usually use guidelines and make a guestimate at how much you need, and increase it until you pass out) for what is required, the case would go nowhere. It's just not a good idea. Morally, ethically, legally.
__________________
Off the record, on the q.t., and very hush-hush.
Redjake is offline  
Old 05-09-2007, 02:21 AM   #28 (permalink)
Junkie
 
Location: Right here
If I were an anesthesiologist I would be concerned with making sure you stayed under long enough for the procedure. Short of monitoring your vitals, I wouldn't be overly concerned with your opinion of how much or little drugs you needed.

basically, if a patient looked over at me while I was administering meds and said he needed half or twice as much as normal, I would nod reassuringly and give him whatever I was trained to give.


as a patient, I'd be more concerned with coming out too early rather than too late.


I wouldn't sue.
__________________
"The theory of a free press is that truth will emerge from free discussion, not that it will be presented perfectly and instantly in any one account." -- Walter Lippmann

"You measure democracy by the freedom it gives its dissidents, not the freedom it gives its assimilated conformists." -- Abbie Hoffman
smooth is offline  
Old 05-09-2007, 04:46 PM   #29 (permalink)
Tilted
 
Sueing a dr for saving your life is not really what I'd call a sensible thing to do. You didn't die, you got your emergency apendectcomy and you had a siezure. You lived. Get on with your life.
beavstrokinoff is offline  
Old 05-09-2007, 05:55 PM   #30 (permalink)
Mine is an evil laugh
 
spindles's Avatar
 
Location: Sydney, Australia
I'm also in the 'wouldn't sue' group.

On a side note not at all relevant to the current example, I kinda wish we had some judges in Oz (and probably the US as well) who'd be willing to say "you did something stupid, you hurt yourself, you can't get money for your own stupidity".

This case was overturned on appeal and I think that is the correct result.

Quote:


Edition 05/2003

Bondi Beach Appeal Successful

No doubt many councils, surf lifesaving bodies, sport and recreation providers would have breathed a sigh of relief when the New South Wales Court of Appeal allowed the appeal and set aside the verdict and judgment in favour of the injured party (G E Swain) in the case of Waverley Municipal Council v Swain. (Reference Waverley Municipal Council v Swain [2003] NSWCA 61 (3 April 2003).

The background to the case is that Guy Edward Swain was injured while swimming between the flags at Bondi Beach on 7th November 1997 in a calm sea. He dived into a wave and hit a sandbar, suffered a spinal injury and is now a quadriplegic. He brought action against the Waverley Municipal Council, which, it is accepted by both parties, has care, control and management of Bondi Beach. AJ Taylor and a jury of four heard the case. The parties agreed on the quantum of damages at $3.75 million and litigated only on the issue of liability for that damage. The jury found the Waverley Municipal Council liable to Swain in negligence. They further found contributory negligence of twenty five percent on the part of Swain. The Waverley Council appealed to the NSW Court of Appeal.
At what point did people stop becoming responsible for their own actions?
__________________
who hid my keyboard's PANIC button?
spindles is offline  
 

Tags
sue

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -8. The time now is 04:04 AM.

Tilted Forum Project

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0 PL2
© 2002-2012 Tilted Forum Project

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360