My question involves medical malpractice in the state of: Virginia
My wife delivered our baby on May 7. Two weeks later she was readmitted for a D&C for retained placenta. One week following the D&C she returned again for a blood patch because of leaking spinal fluid from her epidural site. One week after that she began to hemorrhage and we went to the ER. We arrived at the ER at 10:30 am. By noon she had a sonogram and she was diagnosed with a uterine AV malformation. The ER doctor said that she needed the vessels in her uterus embolized and that an interventional radiologist would perform the embolization as soon as possible. At that point the doctor left the room and told us to hang tight and he was going to get things set up. He returned a few minutes later and told us the radiologist wasn't available to the embolization until the next day. He said that the radiologists was booked up. The ER doctor told us the radiologist she have a CAT scan to get a more detailed view of the AVM, which they immediately did. We were admitted and they put us in a room in the post surgery wing. My wife was soaking a pad an hour with blood at this point. The nurses checked with her a few times to ask how her bleeding was before we went to sleep around 9:30 PM. At approximately 1:30 AM my wife woke up in a pool of her own blood - to the point it was running off the sides of the bed. I called for a nurse. The nurse came in and soon the scene was chaotic. The room filled with nurses and doctors. Her OBGYN was called in. The OBGYN called the interventional radiologist (who earlier in the day claimed he was too busy to perform the embolization). The radiologist told the OBGYN that he did not work at night and refused to come in, even as the OBGYN pleaded with him. The hospital staff tried to get the bleeding under control but it was literally pumping out of her vagina. They doctor had the crash cart brought into the room as my wife passed out. The OBGYN called the radiologist back again to request he come in and perform the embolization. Again the radiologist refused to come in and told the doctor to pack my wife with gauze and give her blood and he would be there when his shift started. The OBGYN was going to perform an emergency hysterectomy, but my wife was not stable enough to survive the surgery. Eventually the OBGYN had to call someone with some power who contacted the radiologist who finally came in to perform the procedure at 6:00 AM. My wife had to receive 5 units of blood before the procedure. She spent the next 4 days in the ICU. It appears she is going to physically recover, however, the psychiatrist at the hospital diagnosed my wife with PTSD after the near death event. She is no longer herself, she is extremely on edge and scared to hold our new baby, walk up or down steps, have intercourse, walk too fast, basically afraid to move in fear of bleeding to death. She is now seeing a psychiatrist for her mental distress.
The uterine AV malformation is described on medical sites as a very serious, deadly condition that must be treated immediately. Should we take legal action against the radiologist and/or the hospital for failing to perform the procedure in a timely manner which has caused my wife to have PTSD and mental distress?