Question:
If a patient died as a result of complications from WLS...
If a patient died as a result of complications from WLS and the patient's family has reason to believe that the doctors and the hospital overlooked some potential problems in the patient's pre-op results and that the hospital made some mistakes in the treatment of the complications that occurred, does the patient's family have a case for malpractice even though the patient signed consent forms understanding that the surgery had risks? — Hackett (posted on March 22, 2002)
March 22, 2002
I'm not an attorney but I wouldn't think so. Each and every one of us who
have thoroughly checked into WLS knows that there is a risk. Our surgeons
have us sign all sorts of paperwork stating we understand the risk and for
me, one of the problems that could arise specifically stated
"death" as one of the possible problems. I have my PCP handling
all of my pre-op work mainly because I wanted her to check through all my
pre op tests thoroughly. My surgeon only ordered the basic: EKG/Chest
XRay, Gall Bladder / Liver Scan, Sleepstudy, Psych. Evaluation and
bloodwork. I took it upon myself since it's my own life to handle the
following: I did my annual mammogram, my annual pap smear, an
echo-cardiogram (because I was on Phen/Fen for over 2-years), I did a
4-hour glucose tollerance test and I've taken my blood probably 5 times
checking different things. I got the "your as ready as you'll ever be
health wise" a month ago or so. My surgery is scheduled for April the
9th and I'm still somewhat apprehensive. The thing that I would hope my
family & friends would remember if anything goes wrong is this: I AM
NOT LIVING LIFE RIGHT NOW. I'm in constant, constant pain and agony. I
can't climb a flight of stairs without being completely worn out. I can't
sleep properly because my fat is seeming to crush my lungs and the
breathing takes every ounce of energy that I have. I snore so loud that I
wake myself up and haven't had a good nights rest in years - literally
years. I can't bend over to tie my shoes without and being out of breath.
I can't play with my grandson down on the carpet without feeling horrible.
I can't have proper hygiene - even when doing the simple things such as
just going to the bathroom. It's one of those things that are seldom
talked about. I get sores in the folds of my excess weight that causes
odors like you would never imagine. I can't fit in a booth in a restaurant
and flying in an airplane is impossible without having to ask for an
extension to the seatbelt and then sitting there like a canned sardine. I
can't cross my legs, my muscles in the bottom part of my body are almost
always numb. My feet look worse than my husbands feet at their worst
because I can't care for them the way I would like to. It hurts to sit in
one position for too long and I'm constantly, CONSTANTLY feeling people
look at me and know that they wonder how I became so obese. I can almost
bet - if you had a relative who was morbidly obese or super obese - they've
experienced at least half of these things. It's absolutely overwhelming
and that's without even getting into the strong emotional matters that
comes with it...it's depressing and it is not living life. I consider my
life for the past few years simply living on the sidelines...in the dugout
of life and I'm ready to step up to bat. I pray that I don't strike
out...I pray that I will get through it with flying colors but if not, I
wouldn't ever want my family to go after the doctor who was going to give
me a chance to really live a good life. Good blessings to you & your
family.
— Lisa J.
March 22, 2002
Signing a consent form for surgery is not blanket protection from
malpractice. If you have a case such as you describe, please consult with a
good medical malpractice attorney. Such an expert would be able to tell you
if you have a case or not.
— [Deactivated Member]
March 22, 2002
Yes, if the doctor or the hospital staff was negligent in the patient care
or surgery, then you would have a case. A consent is just that: consent
for them to operate on you. It does not excuse them from having an
expectation of reasonable and competent treatment. Medical negligence is
hard to prove though - especially if the patient was experiencing a number
of comorbidities before surgery. If that is the case, it may be difficult
to prove that the death was a result of negligence or as a result of
his/her poor health. I agree with the previous poster: a good medical
malpractice attorney can help determine if you have a case or not. I'm a
paralegal, but don't practice in that area. Good luck!
— Katy B.
March 22, 2002
No offense to anyone, but if the surgery was done in spite of a comorbidty
problem and you sue and win, that will be another nail in the coffin for
many high risk folks seeking surgery. Soon there will not be any surgeons
willing to take on our most needy brothers and sisters. The patient knew
the risk and unless there is some major malpractice, lawsuits like this
only do more harm than good.
— faybay
March 22, 2002
My Attorney has filed Medical Malpractice Suit against the Doctors,Nurses,
and hospital for the death of my husband. I feel in my heart by me doing
the suite, they will realize how serious of a job they have, and hopefuly
pay closer attention to the needs. They will also realize what they did
wrong, which they have already admitted to fault. It took me 10 months to
decide to go with the suite. But if I would not have gone with it, only a
couple of people would have known about the negligance. Now everyone that
was involved knows what really happen........No one is perfect. We all make
mistakes. But this mistake cost me my husbands life......Money will not
bring him back. But if it teaches at least one of them something and saves
the next person. Then I am satisfied......This is my personal
opinion.....Kathy (Louisiana)
— grandmaw2chloe
March 22, 2002
If you die from a risk of surgery (say a clot in your lung) Nope they cant
sue BUT if the DR over looked something he should have done routinely and U
die because of that Yup they can sue.
— Sassy M.
March 22, 2002
Susan,
You pose a valid question and you will get all kinds of
responses-inevitably, even different responses from varying attorneys. One
recommendation I would have would be to visit lawguru.com and post your
legal question there. Only attorneys are allowed to respond on that free
site. As laws do vary from state to state regarding malpractice - you will
want to pose your question to an attorney in your state. My husband had
back surgery last year and developed a horrible infection that almost
killed him. His doctor accused him of being "addicted to
painkillers" and didn't realize that his headaches and hallucinations
were due to the infection. The doctor also cut his dura. Very
painful....That said, we have tried for 6 months now to find an attorney to
take our case and have come up empty-handed. The only attorney willing to
take our case wanted about $10,000 up front. Anyone thinking they have a
malpractice case should search around, make calls, and be prepared for a
long legal battle. To Kathy in LA - my heart goes out to you and may God
give you peace and comfort.
— Jennifer C
March 22, 2002
I know of a case here in Texas, where the surgeon left a needle in a lady,
causing her death, and the sued. In this case she died of complications
due to the misktake of the surgeon. they won the suit, but the lady that
died was a young mother, and it was truly tragic!
— Cindee A.
March 25, 2002
No informed-consent form, however broadly and sweepingly worded, can free a
surgeon or a hospital of the duty to meet the professional standard of
care.
— Kay B.
Click Here to Return