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Medical malpractice suit

Deuce 40s

Yogurt Slinger
Joined
May 19, 2020
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156
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Loc
NC
Anybody have experience in this field or can give some insight?

TLDR: broken catheter left in body and passed through heart.

Recently my dad got very sick with temps up to 104° and was admitted to the hospital. They couldn't figure out what was wrong with him for several days, symptoms looked exactly like Lyme disease or RMSP and he was bitten by a baby tick 3 weeks prior.

While waiting for those cultures to come back from the lab, they ran more tests like CT scans, etc. This was over the course of 4 days in the hospital. They continued treating with antibiotics.

Through one of the scans, they found an 8 cm long, broken catheter lodged in his pulmonary artery. They rushed him to surgery immediately and removed it successfully, he went home the next day nearly 100% well again.

My dad had vericose vein surgery on his lower legs about 8 years ago. This was outpatient surgery at a specialized clinic, not a hospital. The vericose vein procedure requires this exact catheter to do what it does, it's the only catheter that's ever been in his body so it obviously came from this surgery. The catheter has a red tip on the end so the doctor knows that everything which was inserted is removed. This was entirely negligence that it was left in. The cardio thoracic surgeon who removed it said he had never seen one left in the body for any period of time. This was in there 11 years.

To put it in context, the catheter travelled from his lower leg, around the knee, up through the heart and got lodged at a Y junction prior to entering the lungs.

What kind of recourse do y'all think my dad has? He's reaching out to lawyers currently but we don't know what to do about our expectations. We don't know if any lawyers will even take his case.
 
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Damn!

Frst thing I'd do is see if the clinic is still even open anymore or the physician still practices anymore (dead, retired, etc).
Next, I'd try and find out if doc's are liable for life for malpractice or only if they're still working.
The clinic is still open and it appears he's still practicing.
 
Sounds legit. Surprised it didn’t kill him years ago.
There’s more lawyers than legit cases so it shouldn’t be an issue.
 
What are his damages? A lawsuit is to make you whole, it isn’t winning the lottery.

His "damages" are he thought he was gonna die for a week. That's pretty much it, there doesn't appear to be any long term damages, but I'm not a doctor.
 
docs and lawyers go to the same schools and hang out at country clubs together. good luck suing one, they don't make it easy.
 
Sounds legit. Surprised it didn’t kill him years ago.

That's what the surgeons said. They've never seen it happen and would be considered a case study. I forgot the terminology they used. That's the primary reason for attempting this lawsuit, due to the massive unexpected risk he's been under for 11 years due to negligence and coverup.
 
I'd doubt the emergency surgery to chase it and remove it was free or comfy, nor likely was the diag work trying to figure out what those symptoms were. Pretty minor there, but doesn't seem like something he should have to just "suck it up".
 
His "damages" are he thought he was gonna die for a week. That's pretty much it, there doesn't appear to be any long term damages, but I'm not a doctor.
Does he have any out of pocket costs for treatment or missed work? unless he does and they are substantial, the best move here is to report the original surgeon to his licensing authority
 
You can get the opinions of people here all day long, but the reality is you need to talk to a lawyer in your state. Find one that deals with medical malpractice that is not a shyster. In fact find a couple of them to get their opinion on the facts you have. This will enable you to make a truly informed decision on whether or not to proceed with a lawsuit.

Good luck on what ever direction you decide to go... :beer:
 
Does he have any out of pocket costs for treatment or missed work? unless he does and they are substantial, the best move here is to report the original surgeon to his licensing authority

We're expecting his hospital visit to be well into 6 figures. He missed the medicare cutoff by 1 week. We're hoping at a minimum somebody will pay for that.
 
Glad Pops made it out okay!! Pretty scary ride all together.
2 things~
~I would think the money won (if any) in settlement, it would go towards paying any outstanding medical bills.
~If any bills or liens start showing up in mail, definitely contact an attorney-
 
It also depends on your state. My wife has permanent vocal cord damages, after spending 3 months in a hospital. A year into recovery and we attempted to go after the hospital for malpractice only to be told, be happy she is still alive and there is a one year statute of limitation for emergency medical procedures in Ky. Here we are ten years later and still having continued issues from being intubated that day.
 
What are his damages? A lawsuit is to make you whole, it isn’t winning the lottery.

His "damages" are he thought he was gonna die for a week. That's pretty much it, there doesn't appear to be any long term damages, but I'm not a doctor.

Also the suffering, cost, and repurcussions of that hospital stay.
 
I guess I am the skeptic, 11 years is very long time ago, I think you'd be hard pressed to be 100% accurate of the owner of that tube.
 
I guess I am the skeptic, 11 years is very long time ago, I think you'd be hard pressed to be 100% accurate of the owner of that tube.
Should all be in his medical records/history, yeah?

I might be wrong, but I don't think there are over-the-counter DIY cathedor kits at Walgreens...AKA that'd be the only way he could have a tube that isn't doxumented somewhere.

I could see getting the surgery/hospital costs covered, along with a certain amount for 'pain & suffering, lost wages (if applicable), etc' but that likely wouldn't be millions. Regardless it'd be better than nothing.
 
To put it in context, the catheter travelled from his lower leg, around the knee, up through the heart and got lodged at a Y junction prior to entering the lungs.
That’s crazy AF, what humans can cope with is truly astounding. Some shit just bouncing around arteries for 11 years…sorry for the derail, but glad to hear your Dad is ok. Thats the important part in all this
 
Should all be in his medical records/history, yeah?

I might be wrong, but I don't think there are over-the-counter DIY cathedor kits at Walgreens...AKA that'd be the only way he could have a tube that isn't doxumented somewhere.

I could see getting the surgery/hospital costs covered, along with a certain amount for 'pain & suffering, lost wages (if applicable), etc' but that likely wouldn't be millions. Regardless it'd be better than nothing.

My dad has gotten his full medical history that's available through the hospital. I'm not sure how medical records are kept outside of there.

He's trying to get millions. :laughing:
 
Obviously you need to find a good a
My dad has gotten his full medical history that's available through the hospital. I'm not sure how medical records are kept outside of there.

He's trying to get millions. :laughing:


I don’t think he’s wrong. What is your price to get paid to have heart surgery because of someone’s fuckup? Mine is pretty fucking high.
 
We're expecting his hospital visit to be well into 6 figures. He missed the medicare cutoff by 1 week. We're hoping at a minimum somebody will pay for that.
Six figures for who? Him or his insurer.

Right now it seems like he's out co-pays and four days of his life. You're not gonna get rich off that even assuming your state doesn't have some law that pre-empts whatever standing to sue you'd normally have would be (inb4 Louisiana and it's absurd system)
 
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Holy shit!!! Normally I'm pretty skeptical of sueing doctors for stuff, but I would say this is a legit fuckup!

Related note my retarded mother in law is banking her future retirement income on sueing the assisted living facility where her mother died from "COVID" not really but was a fall. Going to be an epic shit show of her getting most of what little she wins taken by the attorney who only gets paid if they win so it's totally legit.:laughing:
 
What are his damages? A lawsuit is to make you whole, it isn’t winning the lottery.

This should be etched in every courthouse in America.

OP-- If the catheter was supposed to be removed, and wasn't, which resulted in an unnecessary surgery and medical bills, I'd think you'd have a case for sure. If I knew that area I'd whip up a demand letter for you and see what happens. But, I don't and I can't practice in NC. So :flipoff2:

My best advice is getting a good accounting of expenses stemming from this, and set a realistic goal of what you'd like to see as a result. If you think this is the next McDonalds payout, don't hold your breath. But it seems like a pretty clear case of negligence to me, if what you're saying is accurate. Each state has different laws related to medical malpractice limits (in CA I believe it is limited to 250k as a result of lobbying and what not), but finding a med-mal attorney and consulting with them is the first step.

if the demand letter gets rejected, then you will need to decide if you want to file a suit. Which, I can tell you will result in years of annoyance and irritation.

Bonanza's takeaway-- save documents and expenses. The easier it is to lay it out, the better.
 
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