Would this be considered as malpractice ?

[compguy786]

Hey guys
this is a true story....so i mean i guess id count it as malpractice,
any how, My mom had surgery last week for a hysterectomy. She got out of the hospital, doctors said she was fine etc and the like. When she was home that week, she had severe bloating, didnt eat at all, and felt very sharp pains near the abdomen. The pain was too much so on friday night my dad took her to the hospital. After that my dad came back the next day and told me that she was back in the hospital and that she has a angiotube through her nose taking stuff out of her stomach. So the day after my dad comes back again, and tells me that she had surgery again (he didnt tell me at night so i wouldnt get worried) She had surgery for her intestinal area, which apparently had a "kink" in it, and was blocked by scar tissue. I mean she went in there for one surgery, and came out with two. My mom has suffered alot after this surgery, and she wasnt too happy either. Can this case be used as malpractice ? they messed up something that they shouldnt have, and something that was perfectly fine before the first surgery, and since they messed up, and didnt admit to it, she had to go through surgery again and suffer more.
What you guys think ?
Thanks !

 

[crt1530]

No. You're an idiot.

 

[GenHoth]

No, anything caused by scar tissue is not malpractice.

 

[Ballatician]

Originally posted by: crt1530
No. You're an idiot.

Wow, that is truly helpful.

 

[compguy786]

but they got it stuck between the scar tissue, and because of that, had to do surgery again
and yeah , that helps ...not

 

[alpha88]

Let me explain to you why it's not malpractice.

In order for something to be malpractice, these four criteria have to be met:

1) Physician had a duty - basically physician had to be responsible for the patient in the first place.
2) Dereliction of duty - physician failed to conform to a relative standard of care.
3) Direct injury - the dereliction has to directly cause the injury.
4) Damages - (emotional does count).

In your case, the problem starts with point #2.

After surgery, adhesions are very common and considered an acceptable risk of surgery. While a better surgeon may have fewer of these adverse outcomes - they aren't a dereliction of duty.

If the problem was caused because the doctor left a tool in your mom, then that would be dereliction of duty.

Things don't always turn out correctly in medicine, it's only malpractice if the outcome is due to the doctor's negligence.

 

[StageLeft]

This is not malpractice most likely, but rather just a side effect. In case you hadn't noticed, complications arise--often--from surgery. Just because something didn't go perfectly, either because the physician was not Jesus or the patient had other things wrong with them that predisposed them to issues, does not mean it's malpractice.

Just as drugs have known and documented side effects, so to do surgeries.

 

[DAPUNISHER]

My best wishes for your mom's speedy recovery. I know how hard it is to watch someone you love suffer, and be helpless to do anything about it.