Filing medical complaint...

[paulney]

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.

The letter states that this incident will be on file for five years, and if someone else brings up a similar complaint against the doctor, they will reopen the case. That's about it. A big 'fuck you' in our face.

 

[paulney]

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.

Thanks, Slew Foot, will PM you later with more details about the incident.

 

[paulney]

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.

Yes, we contacted the hospital, and they said that, unfortunately, during normal delivery they DID NOT have a counting procedure to make sure that everything that goes in, goes out. But that there was a hospital board review scheduled because of this incident, and they would review their procedures.

Again, we did not seek $$$ out of this. All we wanted was the negligent doctor to be slapped, preferably hard, since it was her second screwup. The hospital, while theoretically liable, is not the bad guy in this incident, so we did not want to go after them in any way.

The doctor came from an OBGYN group that works with this hospital. The group is much more responsible than the hospital itself. The head of the group was actually the doctor that saw my wife and removed the gauze. She apologized massively, and all our copay for the procedures was voided (although we were willing to pay for everything, except the actual delivery charge).

So, the money never entered the picture. It's just the negligence that we wanted to act on. And this is where we were denied.

 

[mattpegher]

First you did the right thing in reporting to the state medical board, the hospital and the group. These things are recorded and reviewed by all these entities. If a pattern of incompitence is found they will act. If there is a way to prevent this, there is a way for the hospital to evaluate it. You should look to see if your state has an official state site where patients can rate the doctor. If not you should use one or more of the commercial rating sites such as healthgrades etc.
As for actions by the board, what did you expect. They arent going to suspend her license for a single mistake. They did evaluate whether the mistake was due to negligence. Don't assume that they are covering anything up, they really have no reason to protect the doctor if she committed gross neglegence or is a repeatedly incompetent. On the other hand, suspending her license would be way too harsh a punishment at this point.

Did the doctor that made the mistake, ever directly appoligize? Or just her partner?

 

[Pliablemoose]

Reread the OP, and I thought it was a C section, my bad, seems many hospitals don't do a sponge count for vaginal deliveries, although it is considered a "best practice"

My dept doesn't do a sponge count, but then again, it's pretty hard to leave a sponge in a 1 cm incision

We do theoretically make incisions large enough for a sponge when we put in port o caths, but we fluro every one at the end of the procedure and it's still nearly impossible to leave a sponge in the pockets we create.

 

[Doppel]

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.

Fvckers. Have you spoken to a lawyer? Originally filing a complaint just to ensure it didn't recur was the right course but leaving gauze in the wound does not take a degree to know that's wrong. If they refuse to admit fault I'd feel highly compelled to press the matter.

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

Actual harm that occurred, even if mild.

it will cost far more to take this case to court than you can expect to recover in damages

Maybe, none of us know because none of us are lawyers who have looked at the case. I'd try and find one who works on commission, and if you can't, well then it kind of indicates how weak the case is and I'd drop it.

 

[paulney]

As for actions by the board, what did you expect. They arent going to suspend her license for a single mistake. They did evaluate whether the mistake was due to negligence. Don't assume that they are covering anything up, they really have no reason to protect the doctor if she committed gross neglegence or is a repeatedly incompetent. On the other hand, suspending her license would be way too harsh a punishment at this point.

Did the doctor that made the mistake, ever directly appoligize? Or just her partner?

I wasn't expecting them t suspend a license, of course, but they do have citations adn letters or reprimand which are kept on the record and available for public viewing when you search for a particular doctor.

The doctor never apologized. I would imagine she was advised by the OBGYN group lawyer not to make any contact with us: in today's litigious world it would probably constitute some kind of admission of fault.

 

[TheVrolok]

I wasn't expecting them t suspend a license, of course, but they do have citations adn letters or reprimand which are kept on the record and available for public viewing when you search for a particular doctor.

The doctor never apologized. I would imagine she was advised by the OBGYN group lawyer not to make any contact with us: in today's litigious world it would probably constitute some kind of admission of fault.

I suppose I can somewhat understand, awful situation on both sides.

 

[Vic Vega]

That's terrible. Good luck in your endeavors, OP. I don't think I would be as calm as you seem to be.

 

[uli2000]

I dont think it's neccessary a case of doctors not policing their own, but the lack of resorsces to do a proper investigation. I'm not a physician, but I am licensed under the Nv Board of Medicine. Here, there is one inspector for almost 5000 licensees between MD's, PA's, perfusionists, and respiratory therapists. I'm sure California, especially with their current budget issues, isn't even close to that ratio of inspectors to licensees. Unfortunatly, since there was not grave harm or loss of life, the inspector just would have to move on to the next complaint. At this point, you have little administrative or legal recourse. I guess you could leave negative reviews on places like Angie's List, but I'd be careful of that in case this doc is vengeful and would try to go after you for libel.

 

[Inspector Jihad]

how did she screw up dates the first time around?

 

[paulney]

how did she screw up dates the first time around?

When you go in for an original check-up suspecting you got pregnant, they ask you, when do you think it happened. My wife put an estimated week in there. Later doctor performs exams and measurements, and establishes a certain date. That date turned out to be 1-1.5 weeks later than my wife's original date she put on the admission sheet.

The doctor never corrected the original date to the new one on the chart, and later, when scheduling my wife for an amniotic fluid test she scheduled her two weeks early or so. Amniotic fluid test has to be done at a certain time during pregnancy to show accurate results. The lab techs called us back and said: sorry, we have bad news: the levels were too low which means your child will have a Down syndrome.

I lost several years of my life right there during that call.
Then they go: oh wait, but we shouldn't have done this test right now, you are way too early - come back in 2 weeks.

Needless to say, everything was perfectly within the norm on the subsequent test, but by then we walked away from that doctor.

 

[dabuddha]

That's a serious fuck up. I think you should consult a lawyer. At the very least, if you do sue, you can donate the money to a charity if you're really not looking for money. But shit like that shouldn't be covered up.

 

[RKS]

That's a serious fuck up. I think you should consult a lawyer. At the very least, if you do sue, you can donate the money to a charity if you're really not looking for money. But shit like that shouldn't be covered up.

1. OP is not interested in suing.
2. In order to bring about a successful med mal claim you need:

Duty (expensive since you need another doctor to testify against the treating physician)
Breach (of Duty)
Causation (link between breach of duty and damages)
Damages (since the baby was healthy and the mother had occasional cramps/bleeding; there isn't enough to spend money on filing a suit.)