Filing medical complaint...

[paulney]

My wife had a delivery 4 weeks ago. Her regular OBGYN was not available, so another doctor on call took the delivery. We initially had this particular doctor when my wife was pregnant with our first kid, and walked away from her. She screwed up with the dates, and it cost us some frayed nerves.

Now, this time everything seemed fine - delivery went smooth, baby is healthy... except she took unusually long time stitching my wife up (no cesarean, regular delivery).

My wife had a regular check-up appt scheduled in 6 weeks, but after 4 weeks she was still feeling cramps, occasional bleeding, just not right. Not terribly bad, but not well either. So, she scheduled an appointment with the regular OBGYN early.

Well, guess what. Effing screwup left a huge piece of gauze inside her and stitched her up like that. Her regular doctor apologized massively, cleaned everything on the spot, and said we lucked out, that no infection or other complications occurred.

I already asked to document everything and put it in my wife's chart. I am not seeking any lawsuit here, but I want to make sure that consequences will never be the same for the doctor that took delivery.

I guess, my only course of action is to file complaint with CA medical board (even then, it's self regulated, and doctors tend to cover each other up).

Ugh. Just venting.

 

[D1gger]

Report it to the medical board. If they get enough evidence of ineptness, they will act. Just because it seems to have worked out for your wife, don't walk away without at least sending in the complaint. It may save someone a lot of grief down the road.

 

[Gooberlx2]

I absolutely would file a complaint. Medical boards often disregard complaints, but leaving an object inside when stitching someone up...that's entirely careless.

In all likelihood though, she'll probably get a slap in the wrist, possibly sanctioned, but there really won't be substantial consequence from the medical board. I mean, I highly doubt they'll yank her license.

Possibly the complaint will cause her malpractice insurance to rise though.

To play a little Devil's advocate, are you sure it was the doc that stitched her up? They often have nurse practitioners or some such person do that.

 

[paulney]

I absolutely would file a complaint. Medical boards often disregard complaints, but leaving an object inside when stitching someone up...that's entirely careless.

In all likelihood though, she'll probably get a slap in the wrist, possibly sanctioned, but there really won't be substantial consequence from the medical board. I mean, I highly doubt they'll yank her license.

Possibly the complaint will cause her malpractice insurance to rise though.

To play a little Devil's advocate, are you sure it was the doc that stitched her up? They often have nurse practitioners or some such person do that.

Yes, it was the doctor - I was present at the delivery.

 

[KK]

glad the wife and kid is fine. see if the doctor will give you a discount.

 

[paulney]

Well, here's a necrothread resurrection.

A year ago we filed the complaint with the medical board. Complaint was accepted for review. It was transferred to a local San Jose office, and an investigator came out to interview my wife.

During the interview she warned that in order to get any kind of action going, you'd have to have very severe health consequences - i.e. permanent damage or death. And that the board is reluctant to act on a license, since it would seem otherwise that they give them out to any Joe Schmoe to begin with. Anyways, she took down everything and the complaint went for internal review.

One year later on Friday we received a letter stating that there is not sufficient cause and evidence to warrant pursuing administrative action.

Motherfuckers.
I guess it's true - they cover each other, and leave the consumer screwed.

 

[Eli]

Pretty unacceptable, IMO.

It's unbelievable that it has to result in permanent damage or death for any action to be taken. That's not right.

"Oh, sorry.. I fucked up. But look, no infection developed so we're good to go!".

D:

 

[BoomerD]

Time for a lawyer...

 

[Mo0o]

Should have talked to a lawyer. Your wife was very lucky that she didnt get an infection

 

[lxskllr]

I'm not sure what happened here. I may be misreading, but it sounds like nothing gets noted on the doctor's record? I wouldn't expect anything drastic to happen, but the incident should be recorded in a prominent place; online is where I think this stuff should go. Along with tort reform, doctor performance should be easily searchable by ordinary people.

 

[Slew Foot]

hey paulney, im a physician in san jose and work at a bunch of hospitals in the area. if yo want, pm me and i can try and figure something out.

 

[Powermoloch]

GET A LAWYER, your wife WAS extremely lucky that she didn't develop any life threatening complications.

 

[Zeze]

hey paulney, im a physician in san jose and work at a bunch of hospitals in the area. if yo want, pm me and i can try and figure something out.

internet ftw.

 

[Lifted]

Effing screwup left a huge piece of gauze inside her and stitched her up like that..

One year later on Friday we received a letter stating that there is not sufficient cause and evidence to warrant pursuing administrative action.

 

[ManBearPig]

this is absurd, sorry to hear about that man, i'm glad your wife is ok. so ridiculous what they said...

 

[Balt]

Pretty unacceptable, IMO.

It's unbelievable that it has to result in permanent damage or death for any action to be taken. That's not right.

"Oh, sorry.. I fucked up. But look, no infection developed so we're good to go!".

D:

Yeah, no joke.

Glad your wife is/was okay. Sounds like it could have been a lot worse.

 

[waffleironhead]

GET A LAWYER, your wife WAS extremely lucky that she didn't develop any life threatening complications.

So what are they going to sue for, potential harm?

 

[Pliablemoose]

Holy crap, I have to tell you that that mistake is pretty unforgiveable, there are checks and balances in place to account for each and every gauze used, someone not only screwed up on the sponge count, but someone else countersigned it.

Everyplace I've worked at is anal about the instrument and sponge count.

Did you contact the hospital?

Glad your wife's ok.

 

[1sikbITCH]

Time for a lawyer...

No it's not. Unless there are massive injuries resulting in hundreds of thousands of dollars in medical bills (or death), it will cost far more to take this case to court than you can expect to recover in damages. I am pretty sure Motion Man would agree.

And this is what the attorneys at my firm explain to people that call us with minor damages such as this case.

 

[911paramedic]

From my (limited) experience in the operating room (while conscious) there is a nurse dedicated to counting and marking those gauze pads on a board as they go in and come out. Never heard of it outside of the OR though.

Either way, I'd be really pissed but not lawsuit pissed if there weren't any ill or lasting effects from it. Complaint? Sure, it would merit that for sure.

Congratulations on the baby, glad everything turned out OK in the end. :thumbsup:

 

[dmcowen674]

Effing screwup left a huge piece of gauze inside her and stitched her up like that. Her regular doctor apologized massively, cleaned everything on the spot, and said we lucked out, that no infection or other complications occurred.

Wow

First congrats on the new baby arrival and thank goodness she fought off infection, that could have been very bad.

Malpractice is exactly what this is for.

 

[Powermoloch]

So what are they going to sue for, potential harm?

malpractice

 

[waffleironhead]

malpractice

Negligence does not equal malpractice. I think the OP may have a hard time proving damages, but then again I'm not a lawyer.

 

[gorcorps]

I don't see what the big deal is. Sounds like the doc was just trying to help your lady by installing a permanent tampon. Would have saved some money and waste.

 

[paulney]

Everyone,

We were not looking for a lawsuit to begin with. We wanted to have this noted on the doctor's record and an administrative action against her (citation or whatever). We were hoping that a complaint with the medical board would achieve exactly that.

Unfortunately, the medical board turned out to be a cover for the doctors, not the patients.