mercredi 27 septembre 2017

Legal Malpractice: Medical and Legal Issue Possible Emr Changes

My question involves malpractice in the state of: PA
My son had lumbar disc surgery in 2012 so I realize the statute of limitations is passed but I need to settle this in my head. The surgery went fine but when the PACU staff moved him onto a stretcher he felt extreme pain and his back went into spasm so bad his back was arched off the bed. The hospitalization blew off his pain to postop pain and said the neurosurgeon was aware. When the neurosurgeon came in in the morning he asked what the hell happned, dosed him up with steroids, did a stat MRI and had him back in the OR in hours where he found a disc fragment that was compressing the spinal cord. After the 2nd surgery my son was unable to void and had to be catheterized. He was kept in the hospital for 5 days because though he tried to void he was unable to and still had to be cathed. He was finally discharged after he learned how to self cath, which he had to do for 4 months and ended up with a UTI.
We waited about 18 months to see how much he would get back and realized he would have a permanent disability. I had kept a notebook because I'm an RN who has had a long term health issue with another son and the notebook was my sanity so I had everything written down because they needed to keep track and I live a distance from them. When we approached an attorney about a case we originally did not want to sue the surgeon thinking it was the hospitalization/hospital issue. This attorney says he checked the medical records (which were never given to my son) and said that the hospital records indicate he was voiding with no problem before discharge. I have records of the boxed of catheters and supplies I had to buy because his insurance wouldn't cover them and he had a great nurse who did a wonderful job teaching him to cath.
I've been reading lately about falsified EMR's and now am wondering if that wasn't the case here, OR the attorney just did not see enough money in the case, OR he was paid not to take it. In any event he had told us that no attorney would touch it and advised us to drop the pursuit of the case. He also did not advise us to include the surgeon in the case after all. Now after 5 years my son's left food has started to become claw like and he has no sensation in his left pelvic girdle. He is unable to have a bowel moment on his own and has to take large amounts of stimulants, laxatives and softeners. He also has to work to start his urine stream.
Bless his heart that he has continued to work as he feels he has no choice. He lives everyday with large amounts of pain and now is in PT again because he's starting to lose strength in his ankle and keeps falling.
Do you have any take on this? There are so many things I would have changed if I could have including that I wrote an email to the hospital after discharge because they only supplied him with 2 catheters and the hosptial urologists office had said to make an appt the next day but when we called they claimed they didn't take his insurance as an outpatient. He ended up having to reuse the catheters until we could get some overnights from a medical supply store. The only other urologist in the area seemed disreputable and was downright scary. So they actually had a heads up that we were not happy. The care he got from the nursing staff was decent except for the PaCU issue.


Legal Malpractice: Medical and Legal Issue Possible Emr Changes

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