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  1. #1
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    May 2008
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    Default OB/GYN Malpractice

    My question involves injury or loss that occurred in the state of: Ohio


    This has been rolling over in my mind for a while, so I thought Id ask about it just to see what comes of it.

    Last year (2007) I was pregnant with my now beautiful daughter. I was seeing a rotation of 4 OBGYN's in a private practice. I had one primary, and would see the rest after 30 weeks in rotation incase I went into labor when one or another was on call.

    Now, in the past I had had a handful of gallbladder attacks, that went undiagnosed. It isnt something doctors seem to consider right off the back. I had come to the conclusion it was my gallbladder after approx 3-4 attacks that would last 12+ hours at a time.

    When I met my primary, I explained my concern that I have gotten them in the past. After the last one before becoming pregnant, I had actually gotten in to see a family doctor and her response was basically a shrug, and since it was over, there was no way to tell if it was, and to "lets see" and to call if it happened again.

    In my 23'rd week, I became very ill. To me, it was clear it was a gallbladder attack. So instead of waiting it out (it had been my first one since becoming pregnant) we went right off to the hospital.

    I go right up to the Labor and delivery ward, as that is where you end up after 20 weeks.

    I explain what is going on, I am in intense pain at this point. I tell them what I think is happening. They in turn, call my primary.

    My primary tells them that it is heartburn.

    They did not run a single test, urine, blood or anything else. They gave me lidocain (sp?) orally and sent me home.

    This was a saturday night at approx 6pm.

    Fast forward to tuesday. The attack had never ended. I was unable to eat, sleep and could barely hold down water. I was throwing everything up and had actually lost 6 pounds in the 2.5/3 days. I had called the office repeatedly and they insisted it was heartburn and to take it easy. I was urinating what looked like apple cider. They told me I was dehydrated. I knew for a fact I was not THAT dehydrated as water was the only thing I could remotely keep down.

    Finally another doctor in the practice got my complaint, and had me come in.

    Right off the back from seeing me, they sent me to the hospital for testing.

    I was very jaundiced, I had billrubin(sp?) in my urine as well as blood.

    And it turned out, I had a blocked bile duct.

    I was hospitalized for 4 days. I had to have an ERCP, and an MRI. They finally U/S'd my galllbladder. It was so bad they considered taking it out then. Which isnt something they usually do during pregnancy.

    My primary, who dismissed my concerns, and imput did not come to visit me once, and I did not have another visit with her for the rest of my pregnancy.

    They had a staff meeting that day I was admitted.

    My question is, is this malpractice?

    The doctor who did deliver my daughter (who I thought was great!) actually offered to stay late to deliver my daughter because he knew how I felt about my primary, and she was due to be oncall. (Luckily I pushed her out with 45 minutes to spare! hah!) He left the practice 2 weeks later, and I heard from the staff there that he had issues with my primary, as did my labor nurse (who was my labor nurse and the nurse who took care of me during my blocked bile duct).

    I just cant help to think that if she wasnt so dismissive, the hospital stay would not of had to happened, or would of been taken care of sooner, instead of 3-4 days later. (When the ERCP took place to force the stone from the duct)

    Thank you for reading, if you did.

  2. #2
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    May 2008
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    Louisville, KY
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    Default Re: OBGYN Malpractice

    Wow. I'm not a lawyer, so, I don't really know. Why don't you consult one? This type of case is often done on contingency. Talk to a few lawyers, and see what they say.

    Gallbladder attacks are nasty. I'm wondering if they didn't xray because you were pregnant?

    It does seem kind of strange to keep calling the kind of pain you described as heartburn. Luckily it was your gallbladder and not something happening to your baby.

    Congrats, btw!

    ~Christina

  3. #3
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    Default Re: OBGYN Malpractice

    Quote Quoting mmmagique
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    It does seem kind of strange to keep calling the kind of pain you described as heartburn.
    ~Christina

    No, it doesn't. The symptoms of heartburn and a gall bladder "attack" can be similar. Heartburn is common in pregnant women, so I can understand why her symptoms were chalked up to that.

  4. #4
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    May 2008
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    Default Re: OB/GYN Malpractice

    I'm sorry, but Ive had heartburn before in my life (never during my pregnancy Ill add) and it in no way shape or form remotely comes close to the pain that in involved in a gallbladder attack. The pain radiates in a similar place in the body. I can only assume that is why it was confused and dismissed as "heartburn". As well as it was 6pm on the weekend. Not to mention my prior concerns of potential gallbladder attacks during my initial first two visits, as well as bringing it up as a possible and potential cause when I went to the E.R. I cannot help but feel my concerns were merely dismissed.

    Nothing is worse in the practice of medicine than a doctor who is quick to dismiss, or who assumes they know the answer without so much as a second glance.

    I actually was induced a week early, as in the end I was having attacks every other day for the last week and a half, despite eating things like plain wheat toast, and applesauce and water! They were so awful as my daughter would not only kick up in that region she would then (in the midst of an attack) move herself over to one side (and ouch is all I can say!).

    Thank you for your reply mmmagique!

    I have thought about consulting an attorney but I am unsure how far it would take me.

  5. #5
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    Default Re: OB/GYN Malpractice

    I didn't dismiss your pain. I was answering the other poster. It is not "strange" to call the pain you described "heartburn". Pain is subjective, and I can understand why your Physician may have assumed you were having heartburn at your stage of pregnancy.

    For what it's worth, I do think there should have been, at the very least, bloodwork drawn before releasing you from the hospital the first time. You also would have benefitted from a GI consult.

    Go ahead and hire an attorney, but you should know that lawsuits are very expensive and time consuming. You would have to prove negligence.

    IMHO, you wasted a lot of time and emotional wear and tear ruminating over a year on this. Find another Doc. Good Luck.

  6. #6
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    Louisville, KY
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    Default Re: OB/GYN Malpractice

    I have had three children, and multiple gallbladder attacks (until I had it removed.)

    I used to sleep sitting up due to pregnancy heartburn, but, there is no way the two could be confused, imo.

    Now labor pains and gallbladder attacks? Maybe.

  7. #7
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    Default Re: OB/GYN Malpractice

    As I said earlier, pain is subjective. The SYMPTOMS of heartburn and cholecystitis can be similar. Diagnostic testing (keeping the safety of the fetus in mind) would have been beneficial in a speedy, definitive diagnosis.

  8. #8
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    Dec 2007
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    Ohio
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    Default Re: OB/GYN Malpractice

    I'm sorry that you had to go thru this.
    When you say primary..do you mean primary care (regular) or primary Ob/GYN?


    4 days could have been avoided had one competant physician ordered a Chem profile (blood test) on you which would include liver function tests. Your amalyse, lipase and total bilirubin would have showed elevated levels. The levels increase as the blockage in the duct increases. Your primary should have consulted a GI dr (which happened anyway for the ERCP). There were also other tests (ie objective date) that could have supported your statements as well (history of gallbladder problems), US of gallbladder and an MRCP. The procedure (ERCP) was going to happen either way and you would have avoided 3/4 days of pain. NONE of the above tests would have caused harm to the fetus IN ANYWAY. How this was overlooked is beyond me, a first year med student would have caught it. Likely bc you were placed on a labor floor. I'm very sorry this happened to you.

    I would avoid the dr who overlooked your "heartburn" at all costs. You would probably gain more by getting your chart reviewed by an attorney and filing a complaint with the state medical board. I would also be sure to file a report with the hospital.

    Why on earth did they give you lidocaine prior to leaving? Did you have a tooth ache?

  9. #9
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    May 2008
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    Default Re: OB/GYN Malpractice

    The lidocaine was I suppose to ease the pain of heartburn.. And it did help as it completely numbed me from mid chest up, for about an hour.. By day 4 I was very yellow, had lost 6 pounds, and was in constant pain. I basically laid in bed for 4 days crying and whining (godbless my fiance who waited on me hand and foot Ill say) and calling in each day, or paging the practice (it would go to whoever was on call) to complain. It took them 3-4 calls before they took me serious, and my complaints were handed to an older doctor who had been in practice for at least 25 years (as he had delivered a coworker of mine!).

    The receptionist told me repeatedly my apple cider urine was just from being dehydrated.

    I still kind of wonder if when I did come in, if they all felt really bad or stupid or whatever for basically dismissing everything I said.

    When I did go in, one of the doctors felt my stomach for pain, and sent me right off to the hospital for testing, and I was admitted right off the back. She later came in and told me I was " a very sick little girl" (though I was 28 at the time so.. ). I was also told there was a staff meeting that day after the close of office. I do not know if that had anything to do with their fub with me or not truthfully. Each of the doctors who I had rarely met due to the first 4-5 months having visits only with my primary each came in on their oncall days. Except my primary.

    Actually at the start of the attacks, my first really bad one landed me in the ER maybe 2 years prior. I had x-rays done as he too insisted it was heartburn. I was given lidocaine then as well!

    I was working at the time in a group home for the MR/DD and I happened to work with a bunch of older ladies who all insisted it was my gallbladder.

    So in the ER I asked directly, if it could be my gallbladder, and IF so would it show up on the xray. The doctor scanned the xray in front of me, and told me that it was not my gallbladder, and that it would of shown up on the xray! Which is apparently, completely false. An ultrasound would of confirmed it easy as can be. Its amazing how little some doctors really do care, and how quickly they just want you out of their ER or office..


    When I said primary, I meant my primary OBGYN. There were four in the practice.

    After that honestly, I think she avoided me.

    Any appointment I had with her (which was 2 at best during the last 10-12 weeks of pregnancy) she was "very busy" and "behind" and I was asked if I minded seeing another doctor.. Which I was more than pleased to do.

    I had a great labor nurse who knew what I had gone through previously, and ended up telling the doctor that ended up delivering my daughter my feelings and concerns. He was great, and offered to stay late as he said he had nowhere to be the next morning! (I had my daughter at 918pm, and he was due to be off at 10pm, and my primary was due to come on call at 10pm)

    I know from talking to my labor nurse, that she also had problems with my primary on various occasions for from what I took it as, as either dismissing things, or going about things the wrong way...

    At any rate, thank you for your replies! I think I may discuss this with an attorney.

    You know the funniest bit, is if she had only just come to say she was sorry, or admit she was wrong, odds are I would of gotten over it then.

    We are all human. Sometimes I suppose it isnt easy to admit it, especially from a legal standpoint.

  10. #10
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    Default Re: OB/GYN Malpractice

    Quote Quoting gigirle
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    Why on earth did they give you lidocaine prior to leaving? Did you have a tooth ache?
    Viscous Lidocaine is sometimes given for temporary relief of heartburn smptoms (as well as other conditions).

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