Complication or Malpractice?

[topher79]

My question involves medical malpractice in the state of: Kansas

On 11/15/07 I went in early in the morning, 7am or so, for a tonsillectomy. When I was wheeled out of the operating room I was still bleeding from the incisions. I sat in recovery for several hours on morphine, oxycodone, and lortab all the while continuously coughing and choking on my blood. Finally I was put under a second time that same day and the cuts were cauterized properly. I then found out that I was billed once for the tonsillectomy and anesthesia and then a second time for a “secondary repair surgery” and again for the anesthesia. In my opinion I shouldn’t be liable for those secondary charges because I should have never been removed from the operating room while I was still bleeding. They should have closed the wounds properly the first time.

To me that's basically like giving someone an appendectomy and then not sewing them back up, taking them to recovery while they are bleeding and then realizing, "Oh we better get that closed". And then charging them for an additional procedure.

In your opinion, is this a complication or malpractice?

Thanks!

[gigirle]

Ooch! Sorry to hear about your experience.

First off, I take it that you are an adult. Adults are at great risk for complications from this procedure. The #1 complication is rebleeding or excessive bleeding post op. A good number of adults rebleed. And when they rebleed, it's quite scarry bc the head is the most vascular part of your body.

Minor bleeding is expected post op and so is pain. Most use laser these days so are you sure you had an "incision?" The nurse who had you post op is responsible for notifiying the surgeon if bleeding gets worse or the pain is unrelieved.

Let me explain how the billing works...the anesthesia gets paid to be sure your knocked out and don't feel a thing. They bill you seperately. The OR room that you occupied has to be cleaned and sterilized after each use. The equipment is the same. You left the OR room that you paid for and "sat in recovery for several hours." You had 2 seperate surgeries, why shouldn't you pay for both of them? Because you feel that the surgeon didn't do the job right the first time? It's possible and I'd probably feel the same way. That however doesn't mean that the services weren't provided. Let me put it this way...would you have rather been awake the second time ? Of course not. Would you have rather that the equipment have been clean but not sterile leaving you open to germs that may be on the equipment from the last person who it was used on? Of course not.

So here is my advice: Contact the hospital and voice your complaints about the surgeon and ask the Director of Surgery to review your medical records. You can also have a malpractice attorney to review your records to see if he feels there was any negligance involved. Chances are that there was not. You can also get a copy of your record yourself. The Operative Report(s) will tell you more. Most surgeons are NOT employed by the hospital itself, they also bill you seperately for their services. You may have some bargining with the surgeon on his fees. You have a right to be upset but you should have also been told how dangerous this procedure is to have done as an adult.
Hope you are feeling better!

[lealea1005]

My question involves medical malpractice in the state of: Kansas

On 11/15/07 I went in early in the morning, 7am or so, for a tonsillectomy. When I was wheeled out of the operating room I was still bleeding from the incisions. I sat in recovery for several hours on morphine, oxycodone, and lortab all the while continuously coughing and choking on my blood. Finally I was put under a second time that same day and the cuts were cauterized properly. I then found out that I was billed once for the tonsillectomy and anesthesia and then a second time for a “secondary repair surgery” and again for the anesthesia. In my opinion I shouldn’t be liable for those secondary charges because I should have never been removed from the operating room while I was still bleeding. They should have closed the wounds properly the first time.

To me that's basically like giving someone an appendectomy and then not sewing them back up, taking them to recovery while they are bleeding and then realizing, "Oh we better get that closed". And then charging them for an additional procedure.

In your opinion, is this a complication or malpractice?

Thanks!

Well, no, actually it's not even close.

It is possible that the cauterized blood vessel began to bleed from the force of your choking and coughing. It is not unusual for tonsillectomy patients to cough/vomit/choke on residual blood from the surgery. You may not have been bleeding when you left the OR. They, appropriately, went back in to make sure all the blood vessels were properly cauterized. You had 2 separate procedures, including anesthesia. You were billed properly.