Not sure what to do.

77GreenMachine

Phillip Talton
Joined
Mar 30, 2010
Location
Mayodan, NC.
Cliff notes:
Wife had planned surgery and hospital stay.
She fell post surgery with the help of 2 nursing staff. She now has a fractured pelvis.
Do I lawyer up?


Full details:

Due do an endometrium cyst, my wife had a planned full abdominal hysterectomy Monday morning February 3rd. This was done at the Wesley Long Surgery Center in Greensboro, and the plan was that she stay the night there for recovery and go home Tuesday at 9am the following morning.

Surgery went as planned with no surprises. I went to retrieve our kids that evening and came back home with plans to get Lindsay the next morning. At 11:30pm I got a call from the Nurse saying that 2 nurses were helping my wife walk to the bathroom when she passed out causing her to fall and hit her head on the railing beside the toilet. They ordered a CT Scan to have everything checked out. She said they got her back up and she blacked out again as she was getting back into the bed. By now my wife is calling me so I take her call. She explains the same thing, but says her back and leg hurt too. She said she told them that but the only checked her head.
She has historically always had an extremely bad reaction to anesthesia and this was made abundantly clear prior, and extra steps were supposed to be taken. Still, as expected she was extremely nauseous and throwing up periodically, from after surgery until 4am Tuesday morning. She was throwing up before and after the fall(s)
Her Dr. came by at 7:30am and said she needed more time and not to send her home at 9am, to give her more time. At 10am we try walking and her leg hurts in the groin/hip area. They say it’s most likely a pulled muscle from falling and tensing up, as well as pain from the hysterectomy.
At 11:30am she managed to walk out into the hall, with plenty of pain and struggle but that was to be expected we suppose. They send her on home at noon and we get her into the bed for some rest.
The next day there was no improvement on this hip/back/leg groin area pain and my wife is describing to me sharp pain, not the vagina but beside it and deep within. Having had a few blown out knees over the years I knew what she was trying to explain.
I call her doctors office and they say get her to the ER immediately.
I will spare you the details of the most horrendous 12 hours of waiting at the ER, where people literally 💩 in the floor and throwing up, passing out, etc. it was literally HELL on earth.
Xray and CT Scan confirm she has 2 fractures to the pelvis. They said it should heal but she needs rest for 6 weeks. She only has minor discomfort from the actual surgery. Mostly just itching around the incision and soreness. To be expected.
But her back and hip area are hurting bad. I never seen her in pain like what this caused. Ever. She’s making progress and with my help can shuffle around a bit.

So my question is, do I lawyer up? I have questioned this for the past couple days. Which have all been an absolute exhausting blur, as my house delivered yesterday and I’ve gotten very little sleep since this all happened and now I’m setting the house, alone as you read this. I needed to get this out so I’ll have advice when I’m done.

Recalling these details above again and recalling more with my wife it is all very difficult and disturbing.

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no advice...just prayers up.
 
I would definitely take it to a lawyer. I doubt it was malicious, but thw hospital was absolutely without a doubt negligent.


Praying for yall.
 
I would definitely take it to a lawyer. I doubt it was malicious, but thw hospital was absolutely without a doubt negligent.


Praying for yall.
Yeah I don’t think anything malicious went on, just a completely avoidable accident unfortunately.
 
Yeah I don’t think anything malicious went on, just a completely avoidable accident unfortunately.
Was is avoidable? Thats what's hard to tell here.
It sounds like she had a bad reaction to the anesthesia, which was expected. They were keeping an eye on her, and had people helping her try and get up to move around, and thats when the fall happened (right?). That's not easy to do, and I'd wager any experienced nurse will tell you that they can't predict everything a patient will do in this situation and a fall is very possible.

Are you complaining about them not finding the fracture in the immediate check over? Or just that the fall happened to begin with?
At what point do you think they were negligent?

If you're going to talk to a lawyer - and I'm not telling you not to - take the time NOW to sit down and carefully write out the series of events as you are aware of them in as plain, factual, unpasionate language as you can for notes later.
Memory has a way of changing and twisting things around the nore you revisit it especially where emotions are involved.
 
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Yeah I don’t think anything malicious went on, just a completely avoidable accident unfortunately.
We are not in the garage so I’ll be careful how I say this.

Words matter.

‘Accidents’ aren’t caused by negligence. Typically accidents aren’t financially recoverable. That’s why lawyers litigate negligent car crashes and never negligent car accidents.

If you think you have a case forget the word accident and don’t use it again.
 
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The fall, it happens. Sadly it can happen with the best of caregivers. Making a patient uncomfortable by being all over them for support is fine line. Reaction to meds are all over the board. So are patients attitudes toward assistance. If your wife didn't ask I'm sure they were in help if needed mode.
As for the follow up they did the most dangerous pending possible damage first. Her head. Had she bruised her brain or such they wanted to follow up with that first.
The pelvis is generally pretty dang sturdy. It's horrible she has suffered more pain and a delay in the findings of the fracture. Keep in mind many, many folks deal with pain in all sorts of ways. The area of the surgery and the pelvic pain aren't entirely miles apart.

Outside looking in with no emotional attachment I don't know if you really have a case.

Outside looking in I'd take care of the wife and everything else your juggling.

Outside looking in even though she fell I'd request some follow up about bone density, calcium levels, and what may or may not attribute to fracturing her pelvis other then the fall. My brain says she is too young to suffer that sort of damage by falling at her age. Did she land on a walker or object not flat with the floor?
 
Was there any permanent, debilitating damage? Excessive pain and suffering (yeah, it hurts, but...)? Maimed for life? If at least one those answers is not an absolute 'yes', then I'd just go on with life. Seems to me those are the things worthy of a lawsuit. But I'm old school.

When that doc about messed me up in 2016, all I was out was a few days in ICU. I'd already maxed my insurance for the year, so no harm there (to me). I didn't die. I don't have a permanent disabilty, etc. If I had sued, what was it worth? 3 days of my time? BCBS is the one that was out 50 grand.

As to a full recovery, my mom, at age 48, fell on a sidewalk and fractured hip. Bed rest and a complete recovery. Never gave her any issue or any pains for the next 42 years (when she fell and broke her opposite side hip joint).
 
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Me and the wife were talking about this. At a minimum they need to cover all cost associated with the fall without question in my opinion. If there is going to be loss of function or income or long term ailments from this consulting is free. I imagine the person that represents patients rights from the hospital has been in touch numerous times by now
 
We have not been contacted by any patients right person, or anyone for that matter.

It is too early to tell if there is any long lasting effects from this. She can’t bare any weight on her left leg still. Progress is slow but seems to be happening.

She has a Dr appointment tomorrow with her OBGYN who did the surgery and then Wednesday with an orthopedist.

I realize mistakes happen, but my wife asked for the bedside potty and was told they didn’t have one. Later there was magically a bedside potty in the room.

My complaint is that this was entirely avoidable, and I don’t want to be 3 months down the road and this is actually a huge issue we don’t yet know about. Hopefully not.
 
We have not been contacted by any patients right person, or anyone for that matter.

It is too early to tell if there is any long lasting effects from this. She can’t bare any weight on her left leg still. Progress is slow but seems to be happening.

She has a Dr appointment tomorrow with her OBGYN who did the surgery and then Wednesday with an orthopedist.

I realize mistakes happen, but my wife asked for the bedside potty and was told they didn’t have one. Later there was magically a bedside potty in the room.

My complaint is that this was entirely avoidable, and I don’t want to be 3 months down the road and this is actually a huge issue we don’t yet know about. Hopefully not.

In NC you have 3 years from date of the injury to file a personal injury lawsuit.
 
They will not do much if all you do is complain.
Inform patient services that you want to file an official grievance. Then DO IT!
Threatening them with a lawsuit only gets you the line "well, you have to do what you think is right".
Fortunately, for us the end result of their negligence ( which that is exactly what this is ) was an extra day and a half in the hospital for my wife.
DO NOT yell, scream cuss etc.
DO NOT threaten ..... not even with a lawsuit, but do tell them you are looking at speaking with an attorney.
DO talk to the head nurse or Floor nurse or whatever they call the nurse in charge on the floor when it happened ..... and as many people as possible connected to it.
DO get names and positions ..... they will protect the CNAs (etc) and keep you away from them but nurses, docs, staff and office personnel are fair game.

Finally, get the meanest , nastiest most hateful medical mal-practice and negligence lawyer you can afford.
This is negligence that resulted in an injury.
If there is no monetary result ( the hospital didn't even turn this in to insurance in our case ..... they waived 100% of all charges and billing)
nothing will be done and it will be swept under the rug.
Money is the only pain a hospital will feel.
 
They will not do much if all you do is complain.
Inform patient services that you want to file an official grievance. Then DO IT!
Threatening them with a lawsuit only gets you the line "well, you have to do what you think is right".
Fortunately, for us the end result of their negligence ( which that is exactly what this is ) was an extra day and a half in the hospital for my wife.
DO NOT yell, scream cuss etc.
DO NOT threaten ..... not even with a lawsuit, but do tell them you are looking at speaking with an attorney.
DO talk to the head nurse or Floor nurse or whatever they call the nurse in charge on the floor when it happened ..... and as many people as possible connected to it.
DO get names and positions ..... they will protect the CNAs (etc) and keep you away from them but nurses, docs, staff and office personnel are fair game.

Finally, get the meanest , nastiest most hateful medical mal-practice and negligence lawyer you can afford.
This is negligence that resulted in an injury.
If there is no monetary result ( the hospital didn't even turn this in to insurance in our case ..... they waived 100% of all charges and billing)
nothing will be done and it will be swept under the rug.
Money is the only pain a hospital will feel.

No worries there. I haven’t complained, or even once been rude, upset, mentioned a lawyer or anything like that. Acting like that isn’t going to get anywhere and I have only been interested in my wife healing and getting back to normal.

Wife had a follow with her OBGYN today and everything checked out surgery wise. We go tomorrow to meet with the orthopedic doctor.
It is excruciating for my wife to navigate into and out of the car/wheelchair/crutches. By the time I got her back home and in bed she is absolutely wiped out. Hopefully time is all that is needed to fully recover.
 
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