POLL: Medical Mistakes

[stickman]

Here's the scenario:

You have an immediate family member (husband, wife, child) in the hospital. This person suddenly and unexpectedly dies. The hospital and/or physician comes forward and tells the surviving family that your family member died from a medical mistake made on their part. They are honest and upfront about all the details with you and leave no questions unanswered. All medical records are made available for you and your family to review at your request. The hospital and/or physician recognize the mistake that was made, take full responsibility for the mistake, offer their sincerest apologies to you and your family for the mistake and the death of your family member, and implement a corrective action plan to insure this mistake doesn't happen again.

QUESTION: How likely are you to sue the hospital and/or the physician for the death of your family member?

NOTE: The poll is now open for a period of 45 days from 05/05/2008. Please submit your answers to this poll. All responses to the poll question will be kept private. If you care to elaborate as to why you would or wouldn't sue the hospital and/or doctor involved, please post your response to this thread.

[debby]

I honestly do not think I can answer this question.
I would like to say no I would not sue. And I don't think I would. I know doctors have a license to practice medicine. That means mistakes often can be and are made. Many are not willing to admit they make mistakes because of the threat of being sued. It would be a perfect world if they didn't. And we know how likely a perfect world is.
At the same time I've run across many arrogant doctors that know everything and make you want to put your fingers around their neck and squeeze real tight. But being a Christian I don't do that. So I try to explain to them I do know a few things and my children or husband which ever the case may be is one of the few things I know.
Though I cannot say for sure, I'm thinking right now along with medical cost reaching the sky very soon now for everyone, I say no.

[Bama36748]

It all depends on how serious the mistake was

[Kagan]

When Dad was in the emergency room, I felt like killing a doctor...I think he knew that too. However, I just wanted him to try everything possible before giving up. Thanks to the Lord, Dad is still here...and I'm not on death row for killing a doctor.

[huntingurl]

I was the victim of a serious medical mistake that put me in the hospital for 20 days and caused me to need 4 surgeries in 3 weeks time and then when I was released from the hospital I was on Home Health Care and COULD NOT leave my house other than to go to the doctor for 3 MORE MONTHS! All of this was due to a local doctors office that gave me my allergy shot and mixed it with another medication that does not mix with ANYTHING!!!! This set up a chemical infection that then turned into staph. At one point the doctors were talking about the possibility of having to remove my leg. In the end, I was able to keep my leg THANK God but had an open wound that had to be packed with about 6 feet of gauze twice a day. Home health came once a day 3 days a week and the other times my husband had to do this for me. With all that being said I can tell you that finding anyone to represent you in a medical malpractice case in the state of Alabama is almost impossible. Attorneys say that even though they know the case could be won, by the time they paid all the fees associated and paid for out of town doctors to testify and whatever else, that they would not make enough money to justify the time and cost associated.
SO even though I LOST 3 mths of my life, my pay, and had to endure the torture that was associated with all of this, I'm just SH** out of luck I guess!!!!!!!!!
Be careful there are some doctors in this town that literally have NO IDEA what they are doing. Or maybe it should be the nurses fault for not knowing how to mix meds. But ultimetly the doctor is the one in charge and the one I hold responsible.

[chill]

Hope I don't ever have to find out. People are human though..

[concerned]

This is a hard question because I don't actually believe in suing for the sake of suing. It would depend on the type of mistake - negligence or oversite, disregard for procedure or whatever. I'd like an option that said "probably would not sue".

[AngelWing]

It all depends on how serious the mistake was


Must have been pretty serious if the patient died because of it.

I don't think I would sue as long as they were up front with me about it and apologized. Doctors aren't perfect and mistakes happen to everyone. I'm sure it happens a lot more than we know about in the operating rooms but just gets covered up in lies and paperwork.

[stickman]

It all depends on how serious the mistake was

Your family member died from it. It don't get any worse than that unless the hospital / doctor could insure that your family member's soul roasts in Hell (which thank GOD they can't do!)!

[MsD]

STICK----this is a deep issue. Thanks to Debby for mentioning the practice of medicine. So many times something as simple as a rash progresses into a more serious illness, that was a vague symptom initially. Some meds are prescribed initially, but in certain cases, worsen the primary illness.

I KNOW I've made mistakes. This is what scares the ever-lovin fool outta me. I can name most of them, if not all of them & they haunt me whenever I see another case of that.

I said prob not sue, but alot of it depends on the TYPE of mistake. Were they treating the primary complaint and an occult illness was brewing? Was this an unknown allergic reaction? POssible further reaction (like someone allg to PCN & given cephalosporins...10% cross reaction but you dont always know it.).

Interesting post, Stickman.

[dave]

It all depends on how serious the mistake was

Your family member died from it. It don't get any worse than that...

I think he means the severity of the mistake, not the result of it. An "honest" mistake could mean the MD was just too lazy to check for something, or played the odds that the symptoms don't indicate a serious problem, even though that prognosis did cross his/her mind. I think that's called depraved indifference--where the MD's behavior contributed to the outcome, even if he/she "honestly" didn't intend for it to happen.

In the case of an active mistake--cut the wrong vessel, gave the wrong drug, etc.-- it would depend whether or not the MD presented himself/herself as being qualified when he/she wasn't (orthopedic surgeon attempting a C-Section). Honest mistakes do happen and are a risk of any surgery, but if the MD's behavior contributes to it, they need to pay.

[leagle]

....
With all that being said I can tell you that finding anyone to represent you in a medical malpractice case in the state of Alabama is almost impossible. Attorneys say that even though they know the case could be won, by the time they paid all the fees associated and paid for out of town doctors to testify and whatever else, that they would not make enough money to justify the time and cost associated....

This is pretty much true. A successful medical malpractice action is rare, and I have had to turn down many shocking cases because of the huge expense involved in prosecution one to completion. Also, local juries in our area have historically been unwilling to find against local doctors except in the worst of cases.

[stickman]

My point is, everyone makes mistakes. I make mistakes, you make mistakes, doctors and nurses make mistakes. We ALL make mistakes! I am sorry I am not able to define the scenario any further, but because there are an infinite number of variables which could present, there is no way to limit my scenario to any more than what I have given, which is most likely a mistake of human error.

I am kind of at a loss here as to explain what I am looking for here. My intentions was to start the poll, then follow it up with an article based on a news article I read in last week's USA Today about patients and families having trouble gaining access to medical records from hospitals and doctors because of medical errors that most likely would have resulted in a lawsuit.

Like Debby mentioned, in a perfect world, healthcare professionals would be able to come forward and answer all the questions without fear of retribution in the form of loss of license, malpractice suits, etc... In the perfect world, the patients and families would be able to accept an explanation and an apology from medical professionals from a mistake made that could range anywhere from a simple inconvenience to death. However, as Debby also pointed out, this ain't a perfect world.

In my years in the medical profession, I have seen the gambit. On one end of the spectrum, people accept that we all have to die sometime and/or it is God's will. On the other end of the spectrum, someone else caused or otherwise accelerated a death abd someone needs to be held accountable. This can also considered part of the grief process.

I guess my point from the article I read in USA Today is, we as consumers in the healthcare industry cannot, and will probably never, be able to expect hospitals and doctors to ever turn over a full and unedited copy of a patient's medical records to someone outside the healthcare industry except by court order. No matter what the HIPAA Law says you can have or what you are entitled to, no healthcare provider is going to take that risk.... EVER! If a medical mistake was made, it will be covered up in some fashion in an attempt to protect the healthcare industry.

[stickman]

For reference, here is a link to the article from USA Today I referred to:

http://www.usatoday.com/news/health/2008-04-29-medical-records_N.htm?csp=34&loc=interstitialskip

[MoonBeam]

If it was a mistake as to giving a medicine they were allergic too and then it resulted in their death then probably not, it was an oversight, but you forget to charge up the defibrillator, or leave in a clamp or take out the wrong kidney, then yeah Id Own the hospital doctors their children and anyone who lives in the vicinity. I believe some of the Major mistakes are from complacency and thinking you know it all when maybe a self check would help. Becoming routine is where alot of accidents happen. Ive worked in medical records in hospitals I see where they happen, Ive seen the outcome, I know they are the cause and it should be accounted for.

[huntingurl]

This is pretty much true. A successful medical malpractice action is rare, and I have had to turn down many shocking cases because of the huge expense involved in prosecution one to completion. Also, local juries in our area have historically been unwilling to find against local doctors except in the worst of cases.


The problem I have with this is that people can sue over ANYTHING now a days but in my case I was WRONGLY medicated and suffered TREMENDOUSLY because of it even more than I have posted here and there is nothing I can do. Do you honestly believe that is justice????
I don't!!!!!!!!!!

[shells]

The problem I have with this is that people can sue over ANYTHING now a days but in my case I was WRONGLY medicated and suffered TREMENDOUSLY because of it even more than I have posted here and there is nothing I can do. Do you honestly believe that is justice????
I don't!!!!!!!!!!

...no, I don't believe that you have been treated fairly. I completely see your point and wish that some attorney had been able to help you.

[mmcd3182]

I think it all depends on the situation. There are an infinitesimal number of situations and medications and procedures that can be done. All of the workers at the hospital are human. Everyone makes mistakes. If they were negligent and someone dies because they could care less, or if they wanted to impress several interns by trying a new uncertain method -- then I think I would probably have to seek legal action seeking financial and punitive damages.

If the doctor did all he or she could do to save a person's life, held their Hippocratic Oath, then I STILL might even then find it necessary to sue -- due to financial or absolutely necessary issues.

These people all have very expensive malpractice insurance that protects them in situations like these -- when people must sue in cases such as these.

I think the world of doctors, nurses, and medical caregivers. They help people. They save lives. My grandmother, mother, my aunt are all nurses (grandmother was over respiratory therapy for several years at BWWMH) my mother has worked in almost every field a registered nurse could do -- maternity, ER, picked up people via ambulance to ER, ICU, nursing home, home health, and has been a supervising RN at the Greene Co. Health Department for over fifteen years now. My aunt is an LPN who works in Greensboro; she worked for Dr. Singleton until he retired. They all truly care(d) for their patients.I think nothing should ever be done to them out of vindictiveness or spite.

[Luv4Demop]

I would be interested in knowing what the mistake was, who made it, & what the situation was surrounding it. If the mistake was made trying to save a life.....that changes everything.

[Newport]

I think that too many of us leave a doctor's office or enter a hospital with a false sense of security. Every patient in a hospital truly needs someone with them 24 hrs. a day if they are not able to judge things for themselves. I have no problem asking nurses, doctors and even the cleaning people about anything that appears not right with anyone I have stayed with in a hopital. The orders can get mixed up so easily. Every pill needs to be questioned. I feel that though it may be resented by some, you will receive more quality attention if you are the "squeaky wheel". As to the question of suing, I think that I could if the patient lingered and needed the money for long term medical attention or left behind a family with a loss of the bread winner.

[Ms. Alabama]

It all depends on the situation.

[dageneral]

A family friend in Wedowee went into the hospital for elective surgery and never came out. Her cardiologist said it was ok for her to go ahead and have her surgery, but she obviously was not. I think that sueing has gotten out of hand. Doctors are having to pay out the ying yang for insurance, but really what's the alternative. A slap on the wrist when someone messes up. A family could have half to all of their income taken away because of a doctor that doesn't dot all of the i's and cross all the t's. Lawsuits need to hold Doctors accountable. But we don't need lawsuits for spilled coffee and hurt feelings.

[Bama36748]

I strongly agree with you there