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Should I sue?

zmtber

Turbo Monkey
Aug 13, 2005
2,435
0
sirknight6 said:
Your kidding right? The doctors OWE a duty to keep their patients safe and ensure the patients health to the best of their ability. Yes, many doctors are hero's trust me, no one knows more then me, however, there are times when a few need to be held accountable. Because the doctor might have done something wrong, or the patient received sub-par care this one time, we should look away?

My wife is the medical field, and is also a clinical instructor for MCV, so trust me, some doctors and hospitals need to be held accountable. Hey, but be grateful you got staff!!! yeah, that doc is my hero.

So, LordOpie, you would be wise to consult with an attorney.
very true, but please think about going to another doctor before sueing, just tell them how you feel and be reasonable
 

TheInedibleHulk

Turbo Monkey
May 26, 2004
1,886
0
Colorado
Infection is an inherent risk in any surgery, dont be a bitch. By suing the hospital you are putting strain on their undoubtly already tight financial situation and jacking up insurance costs, and thereby reducing the quality of care they are able to provide everyone else. The medical care we as Americans have access to is the best anywhere in the world at any time in history. A common problem arose, and it sounds like they reacted quickly and effectively. Dont be a little bitch, and go thank them for fixing your knee after you start riding your bike again.
 

Toshi

butthole powerwashing evangelist
Oct 23, 2001
39,733
8,740
seriously. you got an infection on an elective operation. unless they left a sponge in there, i don't see how you'd have a case. i also don't see why you think you shouldn't have to pay the copay -- sometimes infections are nobody's fault/happen despite all reasonable precautions, and why should the hospital pick up the bill for that?
 
I think that it would be reasonable to request that the hospital waive the copayment, and I think they will if pressed.

Staph is a problem in hospitals. The staff do all they can to avoid it, but it happens.

Absent particular evidence of negligence, I think it would be immoral to sue. I want to be paying for health services, not to enrich Ralph and his newfound buddies. :)

J
 

urbaindk

The Real Dr. Science
Jul 12, 2004
4,819
0
Sleepy Hollar
H8R said:
Go back and re-read all the mumbo AND the jumbo they made you sign before you went in. I bet secondary infection was in there under the heading of "Tough Sh1t For You If it Happens".
:stupid:

When I had my knee surgery, I distinctly remember this clause. I also seem to remember that they gave me a prophylactic dose of antibiotics in my IV drip.

You might be screwed, unless you can prove that Kramer was there with a Junior Mint.
 

urbaindk

The Real Dr. Science
Jul 12, 2004
4,819
0
Sleepy Hollar
johnbryanpeters said:
Goddamnit, he's not "screwed", any more than he would be if he fell off the bike. :mad: Sh1t happens, get over it!

Maybe I should have said "you don't have a leg to stand on" instead?
 

Reactor

Turbo Monkey
Apr 5, 2005
3,976
1
Chandler, AZ, USA
LordOpie said:
That' what I'm thinking... they should waive co-pay for fixing the infection, yeah?

IF I did sue, I would sue the hospital, not the doctor. Sounds like this hospital's procedures are what's at question, not the doctor?

I did work for a hospital at one time. Hospitals frequently have rooms or series of rooms where infections are more common, it can be because of ventilation (from other sick people), bad hygiene (very uncommon in US/Canada), or some other source. Hospitals try, as they are bound to, to prevent infections. Most make a serious effort to clean up rooms when they notice an unusual infection rate, if they didn't, and it does seem to sound that way, they may have some liability. But sometimes infections happen even under the best of situations. I'd talk to the hospital first and see what they think. Suing should always be a last resort, and only when you been harmed, and haven't been treated fairly.

It doesn't sound like the doctor is to blame for the infection, and if he treated you promptly when you reported symptoms he's done just about everything he could.


Edit: Recently a hospital learned they had been accidentally using used elevator hydraulic fluid the sterile instruments. I'm sure somebody is going to take it in the shorts for that.
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
Toshi said:
seriously. you got an infection on an elective operation. unless they left a sponge in there, i don't see how you'd have a case. i also don't see why you think you shouldn't have to pay the copay -- sometimes infections are nobody's fault/happen despite all reasonable precautions, and why should the hospital pick up the bill for that?
Well, he didn't have the infection before he had surgery. If I bring my car into my mechanic to get some elective service done (let's say getting the door handle fixed) and he dents it in the parking lot, I don't want him to charge me extra for fixing the dent.
 

SK6

Turbo Monkey
Jul 10, 2001
7,586
0
Shut up and ride...
stoney98 said:
*If* you sue, do the right thing and sue for your loss. ie actual medical costs and loss of wage. Going for anything more is frivilous(sp?) and leads to greater costs of medical care for us all.
At the same time, you're more likely to feel the karmic bug if you write them a formal letter noting your stance in that you feel slighted for the infection (is it provable to be their fault?) and that you would appreciate them cover the additional costs (ie deductibles). Note that you do not want to escelate(sp?) the matter, as the costs to all sides will increase (which is not what you want). You just don't want to be out of pocket for an error on their side.
Absolutely. Punitive damages are typically awarded by a Jury, and is not typically monetarily set by the plaintiff.
 

DRB

unemployed bum
Oct 24, 2002
15,242
0
Watchin' you. Writing it all down.
stoney98 said:
*If* you sue, do the right thing and sue for your loss. ie actual medical costs and loss of wage. Going for anything more is frivilous(sp?) and leads to greater costs of medical care for us all.
At the same time, you're more likely to feel the karmic bug if you write them a formal letter noting your stance in that you feel slighted for the infection (is it provable to be their fault?) and that you would appreciate them cover the additional costs (ie deductibles). Note that you do not want to escelate(sp?) the matter, as the costs to all sides will increase (which is not what you want). You just don't want to be out of pocket for an error on their side.
Shut up Noob. Don't you have a Starbucks to fake bomb?
 

Konabumm

Konaboner
Jun 13, 2003
4,384
87
Hollywood, Maryland, United States
Typical American.... "Something didn't go my way" SUE SUE SUE..... If the Doc left a knife in you then you have something to sue over. Your body didn't like the operation / didn't heal correctly. Maybe you should be thanking the doctor for fixing it not bitching because it hurt.
 

justsomeguy

Monkey
Oct 3, 2005
723
0
Silver said:
Well, he didn't have the infection before he had surgery. <snip bad analogy>
How can you possibly know that he didn't have staph on his skin, in his nose, etc. before he had surgery?

25-30% of people have staph living on them RIGHT NOW. You opt to open yourself up and there's a chance that your invisible buddies get a free ride to a new neighborhood.

This thread is hilarious.
 

Toshi

butthole powerwashing evangelist
Oct 23, 2001
39,733
8,740
silver, justsomeguy is right. skin and mucosal surfaces are rife with bacteria, and staph is far from rare.
 

Silver

find me a tampon
Jul 20, 2002
10,840
1
Orange County, CA
Toshi said:
silver, justsomeguy is right. skin and mucosal surfaces are rife with bacteria, and staph is far from rare.
I know that.

I'm not saying sue, I'm saying that waiving the copay would be the way to go for the hospital. Hell, if they would have waived up upfront, I bet the s word probably wouldn't have come into play at all here.