No Medication After Major Surgery

[FeliciaVasquez]

My question involves medical malpractice in the state of: California
A friend of mine had a total abdominal hysterectomy and in her post-op treatment while in pain had no pain medication for two hours. I thought this was unbelievable and was wondering if she could sue for pain and suffering?

[LawResearcherMissy]

Can she show that the medication was deliberately withheld?

I'll bet the answer to that is No. It can take a couple hours to get pain medication after surgery - often, physicians prefer to wait for the anesthetic to wear off completely, so there is less risk of overmedication. And really, some pain for two hours is not remotely close to a claim for "pain and suffering".

[FeliciaVasquez]

Of course it wasnt deliberately withheld and of course if it was we would probably have no knowledge that it was. All I know is that this wasnt ok with the operating doctor after she got word that her patient was without medication for two hours she apologized and stated how angry she was about this situation and that she was going to the hospital board with this. The nurses that were on staff during her post-op did not once express any apology or compassion and this also angered the next shift of nurses.

[cbg]

None of which gives rise to any kind of legal recourse.

[LawResearcherMissy]

Of course it wasnt deliberately withheld

Then there's no claim for malpractice. And again, only 2 hours of discomfort doesn't rise to a claim for "pain and suffering".

Your friend needs to buck up. My husband had LUNG SURGERY when we were in college, and it took six hours post-op for him to get pain medication. Why? Because that's how long the anesthesiologist said to wait. When you get cut open, things tend to hurt for a bit.

The nurses that were on staff during her post-op did not once express any apology or compassion and this also angered the next shift of nurses.

So?

There's no claim for damages there, either. Hurt feelings are not actionable.

[Betty3]

It seems the surgeon was going to notify the hospital board of the situation. They will decide if any internal action should be taken. However, your friend has no case to sue for pain & suffering.

[jk]

The nurses that were on staff during her post-op did not once express any apology or compassion

why would they?

Meds have to be prescribed by a doctor. Did the surgeon order any pain meds for his patient? If so, what were the orders concerning administration of the meds? Are the nurses supposed to apologize for a doctors actions?

[Mr. Knowitall]

Nurses can observe that a patient needs medication, and can summon a doctor as needed.

[jk]

Nurses can observe that a patient needs medication, and can summon a doctor as needed.

yes they can but since the doctor is aware of the surgery, she should have written an order for the meds so the nurses don't have to chase her down. I have also seen times where the nurses put in several calls to the doctor and not been able to reach them.



additionally, this was within the first two hours post-op. Chances are they would not want to add meds until clear of the anesthesia. There are certain things expected post op, especially with an abdominal surgery, that additional meds can delay.