To sue or not to sue?

AKA2D '91 · #1 05-29-2002, 10:04 PM

The two scenarios below are ACTUAL cases. I'd like to know whether or not, if you were in one of these situations, would you seek legal counsel? The 2 indiviuals involved have seemingly brushed it off, if you will(...publically, anyway.

) Being very THANKFUL that they are alive, etc.

NOTE: I will not be too surprised if I hear Josie and Jenny have received some $$$ for their ordeal.

Scenario 1:
"Josie" goes in for a "routine" procedure. During the procedure, ANOTHER organ is "nipped" if you will, unknowing to the patient or the surgical staff. During the recovery, Josie goes into a coma, regergitates bowel, almost dies. During the "investigation", it is learned that the other organ is nipped. Now, the person is doing well after ANOTHER surgery to correct what went on....should Josie sue?

Scenario 2:
Jenny has surgery on her shoulder/arm, a fairly normal procedure. After recovering successfully, Jenny begins having excruciating pain. The pain is so severe that she goes to the emergency room. An X-ray reveals that an instrument was left from the surgery. Should Jenny sue?

fuji · #2 05-29-2002, 10:59 PM

Because this is America and people are sueing like crazy these days, I think everyone, including these two individuals, has the right to sue. Jenny definitely has a case against the operating staff. Because I am a nursing student, I had clinical days in different parts of the hospital including the operating room. During every procedure, no matter how small, a certain amount of instruments and gauzes are used. Before anyone "thinks" about sewing the patient up, there is a count of everything before and after surgery on things such as scapels, gauzes, etc. The circulating and scrub nurse are responsible for these counts and the surgeon must wait until AFTER the count is done before sewing up the patient. Surgeons are in such a rush these days that sometimes these accidents happen. That is why surgeons, nurses and nursing students have mad malpractice insurance to cover ourselves. People must remember that doctors and nurses are human and mistakes do happen. No one is perfect.

straightBOS · #3 05-30-2002, 12:23 AM

Yes. Yes.

Punitive damages, pain and suffering, the whole enchilada.

Mistakes will and do happen (man, I watch ER). But w/o accountability, more mistakes are likely. And sadly enough, people do not learn just how important respnsibilty and care is until it COSTS them money.

lovele1978 · #4 05-30-2002, 08:31 AM

As I hospital employee I know that these are the types of cases tht hospitals just wish would go away. I think that both parties should sue. As much as we as American's spend on healthcare you would think that we have competent medical staff in our corner. Unfortunately that is not always the case. While every occupation has to face their share of human error, medical staff have much to be accounted for when it comes to someone's life !!

Bamboozled · #5 05-30-2002, 12:36 PM

Maaaaaaaaaaaaaaaan, can you say lawsuit??? Heck yeah I would sue. As much as the healthcare industry gets over on us with their PPOs, HMOs, Medicaid, Medicare, etc....... we should EXPECT competent care. Shoot, that's exactly why doctors have such extraordinary insurance rates.

Quote:

Originally posted by fuji
People must remember that doctors and nurses are human and mistakes do happen. No one is perfect.

Yeah, everyone makes mistakes, but this is one profession that I'mma need for you to be damn near perfect. I mean, a mistake is forgetting to put my fries in the bag at McDonald's, not forgetting to remove a medical instrument from my body

.

Kimmie1913 · #6 05-30-2002, 12:52 PM

I think that people often sue for things that are not medical malpractice. Sometimes people are just upset they did not get the result the wanted although everything was done correctly. When things are done incorrectly, then that is a reason for action.

It is not to our benefit to have doctors faced with exorbitant insurance rates. They pass that cost on to consumers. Also, it encourages, IN MHO, an environment where care is REDUCED because they are pressured in to seeing even more patients in the same amount of time to meet the bottom line. I feel that encourages more not less accidents. I work in insurance (as a regulator of that industry) and am NOT a fan of managed care for this reason.

Sugar_N_Spice · #7 05-30-2002, 02:26 PM

Quote:

Originally posted by Bamboozled
Maaaaaaaaaaaaaaaan, can you say lawsuit??? Heck yeah I would sue. As much as the healthcare industry gets over on us with their PPOs, HMOs, Medicaid, Medicare, etc....... we should EXPECT competent care. Shoot, that's exactly why doctors have such extraordinary insurance rates.
Yeah, everyone makes mistakes, but this is one profession that I'mma need for you to be damn near perfect. I mean, a mistake is forgetting to put my fries in the bag at McDonald's, not forgetting to remove a medical instrument from my body .

That's what I'm saying!!! The person in the first scenario should sue, even if the hospital covered the cost of one or both of the surgeries. I'm sure she lost time from work, not to mention that puncturing organs

is SO NOT acceptable...that is damage done to MY BODY...

The individual in the second scenario BETTER SUE too...I'm not saying these people should get millions of dollars for their experiences...but they deserve some compensation beyond paying for all medical expenses. Leaving an instrument in my bosy that caused me to "excrutiating pain"

--read again: loss of pay...Also, both of these cases affeted these epeople's lives...I'm sure some emotional damage was done too (Shoot, I know I'm sad when I'm very ill and the doctors don't know what's wrong with me--but I'm also pisted!)...Unfortunately, these kind of mistakes happen all too often...

strobelitehoney · #8 05-30-2002, 03:13 PM

can we say JOHNNY COCHRAN.

HECK YEAH I'LL SUE, AND THEN BE LIKE,.... OKAY 30 ACRES AND 1 MULE TO GO.

ClassyLady · #9 05-30-2002, 09:14 PM

I would definitely sue!!!!!!!!!!!!!

I don't believe in suing just to sue, but in both of these cases I think that the medical staff was wrong. Especially when they left the instrument inside the girl's shoulder. Aren't they supposed to do an instrument count before they sew you up?

CkretCrush8 · #10 06-01-2002, 11:47 AM

I would definitely seek some type of compensation for the pain that I faced...at the expense of the medical care that I entrusted my life. I would not accept a mere apology...they will have to spit up some $$$$ and/or NOT expect me to pay for anything else concerning my health....But because the latter suggestion is really unlikely...they better cough up some $$$.