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  1. #1

    Default Suing for Misdiagnosis Over Blood Clots from IV

    My question involves medical malpractice in the state of:

    Hello. I recently had weight loss surgery 2 weeks ago. Everything went great with the surgery, except where the IV was. I am a hard poke and the nurses tried more than 7 or 8 times to put in the IV but were unsuccessful. Finally the anesthesiologist was able to put the IV in on the inside of my left wrist (which also happens to be my dominant arm.) Towards the end of my stay I complained of pain in my arm and noticed some redness and bruising. The nurses said they may have to re-poke me somewhere else, but shortly after wound up taking the IV out since I was being discharged.

    I noticed increased swelling, redness and pain in the left arm so I went to a local ER, 5 days after the surgery. I told them I was worried about blood clots and wanted to get it checked out. The ER doctor told me that he "could tell by looking at my arm that I had no blood clots." He sent me home with a handout on a muscle strain and said I would be fine.

    Two days later I called my surgeon's office to see if I should get a second opinion. They were really worried and sent me straight to an office to get an ultrasound in my arm. They found several superficial and deep vein blood clots. I was then referred to a vascular surgeon the next morning, where he sent me immediately to the hospital for 4 days. By the time I left I still had the clots but they continued me on the blood thinner shots and pills to dissolve the clots. The doctors there told me that there was a 99% chance that the clots were due to the IV, since the arm is a rare spot to have blood clots resulting in the surgery itself.

    I have missed quite a bit of work, have had pain and suffering and have been just plain scared. Because of the ER doctor, I was put 2 days behind treatment and glad that I took initiative to get a second opinion.

    Is there anything I can do in terms of the ER doctor misdiagnosing my condition, and such a serious one at that? He did not take any tests or anything. Secondly, is there anything I can do to the hospital since I developed the clots from the IV and not due to the surgery (as I understand clots are a general risk of any surgery, these were related to the IV.)

    I would appreciate anyone's help, thank you very much.

    Steph

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Sue Er Doctor for Misdiagnosis and Hospital for Blood Clots from Iv

    Is there anything I can do in terms of the ER doctor misdiagnosing my condition, and such a serious one at that?
    were you injured because of his lack of diagnosis?

    the answer to that question is the answer to your question.

  3. #3

    Default Re: Can I Sue Er Doctor for Misdiagnosis and Hospital for Blood Clots from Iv

    I was hospitalized because I had a deep vein blood clot that could have broken off and gone to my heart/lung. If it had gone unnoticed, I could have been. I took the liberty to re-address the problem, and it was a good thing I did. What if I would have let it go because he said there was no clots, it would have been a very dangerous situation.

    Does that help?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Sue Er Doctor for Misdiagnosis and Hospital for Blood Clots from Iv

    You generally do not get to sue because of what might have happened.

    What actual damages did you suffer because of the two day delay?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Sue Er Doctor for Misdiagnosis and Hospital for Blood Clots from Iv

    Quote Quoting Banditstephanie
    View Post
    I was hospitalized because I had a deep vein blood clot that could have broken off and gone to my heart/lung. If it had gone unnoticed, I could have been. I took the liberty to re-address the problem, and it was a good thing I did. What if I would have let it go because he said there was no clots, it would have been a very dangerous situation.

    Does that help?
    it doesn't change anything. what injuries did you actually sustain due to the lack of diagnosis by the ER doc?

    as to the actual clots; that one you would have to research further. I cannot provide an answer. If clots are a known complication from IV insertion, then there is nothing there to claim for either. If they aren't, you might have some sort of claim although due to your concern and perseverance, not much.

  6. #6
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Can I Sue Er Doctor for Misdiagnosis and Hospital for Blood Clots from Iv

    Blood clot(s) are a known possible complication of IV insertion as well as continuous indwelling IVs.

  7. #7
    Join Date
    Mar 2011
    Posts
    12

    Default Re: Can I Sue Er Doctor for Misdiagnosis and Hospital for Blood Clots from Iv

    Quote Quoting lealea1005
    View Post
    Blood clot(s) are a known possible complication of IV insertion as well as continuous indwelling IVs.
    I would guess that defense could be overcome if:
    1. the patient has easily identifiable risk factors for clotting, of which overweight is one (birth control pills are another)
    2. those factors and the subsequent need for anti-coagulation in this patient should have been known by the ER doc


    Quote Quoting Banditstephanie
    View Post
    I have missed quite a bit of work, have had pain and suffering and have been just plain scared. Because of the ER doctor, I was put 2 days behind treatment and glad that I took initiative to get a second opinion.
    Steph
    If you look around at websites for medmal attorneys, you'll just about always see them saying phrases like "permanent and debilitating injuries". That's not a requirement of the law, but it is a usual requirement that a medmal attorney has a practical business matter. These cases are expensive to conduct, and so they want a strong possibility of a BIG payoff before they'd undertake one.

    Also, since you might have a general propensity for clotting, I'd read up and see what can be done to prevent any future similar events. Good luck.

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