Results 1 to 8 of 8
  1. #1
    Join Date
    Jul 2007
    Posts
    23

    Default Complications After Gallbladder Surgery

    Georgia

    Last year I had emergency surgery due to my gallbladder. I was brought in by ambulance and was told that I would have surgery the next morning. Unfortunately, I did not have insurance, because my husband had just switched jobs. Before examining me, the doctor came in a stated that he was told that I did not have insurance and wondered how I was going to pay my bill. Both of my parents are doctors as well as my brother so I was shocked at his unethical behaviour. I asked him he would take a payment plan and to which he asked over how many months. I told him that I could probably pay him at least $50 dollars a month and he told me that was not enough. At that point, I was disgusted and told him that because of my family background I was aware that as a acute patient he was unethical and breaking the law by discussing payment with me. He then left the room.

    I immediately called hospital administration and complained and told them that I wanted another surgeon because of what he had said to me and that I wanted to file a formal complaint. They told me that I could not have a different surgeon because he was the one on call. They told me that because he was not a staff surgeon, they could not do anything about what he said. I told them they could revoke his priviledges.

    Later that afternoon, I went down to surgery. He showed up 45 minutes later. That happens no big deal. When I woke up, he told me that he had also done a umbillical hernia repair. I was not aware that I had a hernia, had any signs of a hernia nor have been diagnosed with a hernia so I was again shocked. Typically this surgery only requires one day hospitalization, however, I suffered an illius (bowels shut down). I was given so many different types of laxatives and was unable to have a bowel movement to the point that I was in pain. This went on for 4 days. My blood pressure was high as well. On the fourth day, the doctor came in and said that I could not continue to lay around with no insurance and told me that I was being released. At one point he even accused me of seeking pain medication. My stomach was distended and in pain. After another couple of days at home, I was finally able to go.

    After a few months I noticed that my belly button looked strange, but I really didn't pay it any attention. My mother came to visit last month and I showed it to her. She told me that I have a large umbillical hernia that will require surgery. So now I have the hernia that I never had before and it is now become uncomfortable. I really think this surgeon did something wrong. What should I do?

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Do I have a case?

    I agree that it was unethical and unusual for a doctor to discuss your finances. Usually admitting has someone address these issues with patients and or family when the patient is admitted. Because the hospital did admit you and treated you, you do not have a claim for denial of treatment due to no insurance.

    EMTALA is a Medicare law that also protects those who are uninsured in need of emergency medical care. The hospital can be fined but it doesn't penalize a physician who is not staff of the hospital. I am guessing the doctor is with an emergency group that contracts with the hospital.

    Of course you can file a complaint with the medical board, but I would bet the md will simply deny it.

    When you receive your medical records, you will know what exactly the surgeon did. It's not clear what was wrong with your gallbladder- gallstones, acute inflammation or a hernia.

    Also, it's not uncommon to have vascular problems following surgery that may not be considered "malpractice".

    However, if you were in the hospital for 4 days posop (plus 2 before you had surgery), you had serious complications from whatever surgery was done. Most gallbladder surgery is done outpatient or at the most one overnight stay. But you need the Op Report to determine what the surgeon did before you take it to another general surgeon for a second opinion.

    You may need another surgery to repair whatever he did or didn't do with the "gallbladder" surgery and that would then be your potential "damages" in a malpractice claim.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do I have a case?

    You have three doctors available to you at no cost - mom, dad and brother. What do they have to say?

  4. #4
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Complications After Gallbladder Surgery

    Quote Quoting ochiatl
    View Post
    Georgia

    Last year I had emergency surgery due to my gallbladder. I was brought in by ambulance and was told that I would have surgery the next morning.
    Unfortunately, I did not have insurance, because my husband had just switched jobs. Before examining me, the doctor came in a stated that he was told that I did not have insurance and wondered how I was going to pay my bill. Both of my parents are doctors as well as my brother so I was shocked at his unethical behaviour. I asked him he would take a payment plan and to which he asked over how many months. I told him that I could probably pay him at least $50 dollars a month and he told me that was not enough. At that point, I was disgusted and told him that because of my family background I was aware that as a acute patient he was unethical and breaking the law by discussing payment with me. He then left the room.

    I immediately called hospital administration and complained and told them that I wanted another surgeon because of what he had said to me and that I wanted to file a formal complaint. They told me that I could not have a different surgeon because he was the one on call. They told me that because he was not a staff surgeon, they could not do anything about what he said. I told them they could revoke his priviledges.

    Later that afternoon, I went down to surgery. He showed up 45 minutes later. That happens no big deal. When I woke up, he told me that he had also done a umbillical hernia repair. I was not aware that I had a hernia, had any signs of a hernia nor have been diagnosed with a hernia so I was again shocked. Typically this surgery only requires one day hospitalization, however, I suffered an illius (bowels shut down). I was given so many different types of laxatives and was unable to have a bowel movement to the point that I was in pain. This went on for 4 days. My blood pressure was high as well. On the fourth day, the doctor came in and said that I could not continue to lay around with no insurance and told me that I was being released. At one point he even accused me of seeking pain medication. My stomach was distended and in pain. After another couple of days at home, I was finally able to go.

    After a few months I noticed that my belly button looked strange, but I really didn't pay it any attention. My mother came to visit last month and I showed it to her. She told me that I have a large umbillical hernia that will require surgery. So now I have the hernia that I never had before and it is now become uncomfortable. I really think this surgeon did something wrong. What should I do?

    There's nothing illegal about a Physician disussing payment of services he/she will render to you. I'm sure even your mother, father, & brother like being paid for the services they provide.

    Just a thought. Are you sure you weren't being a little sensitive about not having insurance and took his question out of context? I mean, perhaps he was genuinely concerned as to how you would pay.

    You always have the option to seek the advice of a med/mal attorney who will obtain your medical records and have an expert review them.

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Do I have a case?

    Quote Quoting Mr. Knowitall
    View Post
    You have three doctors available to you at no cost - mom, dad and brother. What do they have to say?
    I am sure they will provide the information she needs to know about the potential liabilty a patient has against hospital for violations of EMTALA.

    These civil suits are for malpractice/negligence and only have to prove violation of EMTALA.

    Smith v. Janes, 895 F.Supp. 875 (SD Miss 1995), Baber v. Hospital Corp. of America, 977 F.2d 872 (4th Cir. 1992), and Delaney v. Cade, 986 F.2d 393 (10th Cir. 1993).

    Reporting the violation to CMS can result in a $50,000 fine to hospital, doctor or both. Multiple violations can buy the hospital a suspension from receiving Medicare reimbursement. Ouch!

  6. #6
    Join Date
    Jul 2007
    Posts
    23

    Default Re: Do I have a case?

    Quote Quoting Mr. Knowitall
    View Post
    You have three doctors available to you at no cost - mom, dad and brother. What do they have to say?
    My parents and brother believe that something was not done correctly during surgery. My brother, a surgeon, believes that what I have is now an incisional hernia due to the fact that the surgeon did not close the wound properly during the first surgery.

  7. #7
    Join Date
    Jul 2007
    Posts
    23

    Default Re: Complications After Gallbladder Surgery

    Quote Quoting lealea1005
    View Post
    There's nothing illegal about a Physician disussing payment of services he/she will render to you. I'm sure even your mother, father, & brother like being paid for the services they provide.

    Just a thought. Are you sure you weren't being a little sensitive about not having insurance and took his question out of context? I mean, perhaps he was genuinely concerned as to how you would pay.

    You always have the option to seek the advice of a med/mal attorney who will obtain your medical records and have an expert review them.
    Under different circumstances your right. But because I was brought in as an acute care emergency patient, it is illegal and unethical for him to discuss payment with me. Not having insurance was not an issue to me, however, when the first thing he said to me was "I hear you don't have insurance. How are you going to pay my bill?" I did get very irritated because what he did was illegal. Not hello or how are you feeling. I also feel that because I did not have insurance, I received substandard care. I truly think that he did not take the time nor effort to close the incision properly which led to my now having a visible hernia where the incision was.

    I am waiting for my records right now and will have them reviewed when they are made available.

  8. #8
    Join Date
    Sep 2010
    Location
    Dubrovnik, Croatia
    Posts
    1

    Default Re: Complications After Gallbladder Surgery

    Quote Quoting ochiatl
    View Post
    Georgia

    Last year I had emergency surgery due to my gallbladder. I was brought in by ambulance and was told that I would have surgery the next morning. Unfortunately, I did not have insurance, because my husband had just switched jobs. Before examining me, the doctor came in a stated that he was told that I did not have insurance and wondered how I was going to pay my bill. Both of my parents are doctors as well as my brother so I was shocked at his unethical behaviour. I asked him he would take a payment plan and to which he asked over how many months. I told him that I could probably pay him at least $50 dollars a month and he told me that was not enough. At that point, I was disgusted and told him that because of my family background I was aware that as a acute patient he was unethical and breaking the law by discussing payment with me. He then left the room.

    I immediately called hospital administration and complained and told them that I wanted another surgeon because of what he had said to me and that I wanted to file a formal complaint. They told me that I could not have a different surgeon because he was the one on call. They told me that because he was not a staff surgeon, they could not do anything about what he said. I told them they could revoke his priviledges.

    Later that afternoon, I went down to surgery. He showed up 45 minutes later. That happens no big deal. When I woke up, he told me that he had also done a umbillical hernia repair. I was not aware that I had a hernia, had any signs of a hernia nor have been diagnosed with a hernia so I was again shocked. Typically this surgery only requires one day hospitalization, however, I suffered an illius (bowels shut down). I was given so many different types of laxatives and was unable to have a bowel movement to the point that I was in pain. This went on for 4 days. My blood pressure was high as well. On the fourth day, the doctor came in and said that I could not continue to lay around with no insurance and told me that I was being released. At one point he even accused me of seeking pain medication. My stomach was distended and in pain. After another couple of days at home, I was finally able to go.

    After a few months I noticed that my belly button looked strange, but I really didn't pay it any attention. My mother came to visit last month and I showed it to her. She told me that I have a large umbillical hernia that will require surgery. So now I have the hernia that I never had before and it is now become uncomfortable. I really think this surgeon did something wrong. What should I do?
    Hello all,
    I was reading about gallbladder removal and the percentage of people who after having their gall bladder removed developed a Hiateul Hernia this hernia is the non protruding type, I have talked to two friends who had their gallbladder removed who told me they both have this type of Hernia.

    1. Sponsored Links
       

Similar Threads

  1. Medical Malpractice: Complications After a Surgery
    By nether in forum Malpractice Law
    Replies: 1
    Last Post: 11-06-2009, 02:02 PM
  2. Medical Malpractice: Complications After Surgery
    By grumpy in forum Malpractice Law
    Replies: 2
    Last Post: 10-25-2009, 03:48 PM
  3. Medical Malpractice: Complications After Hernia Surgery
    By klyn13jwl@cableone.net in forum Malpractice Law
    Replies: 1
    Last Post: 11-10-2008, 04:18 PM
  4. Work Injury and Complications After Surgery
    By theburgh in forum Worker's Compensation
    Replies: 2
    Last Post: 01-14-2008, 09:03 AM
  5. Medical Malpractice: Cataract surgery complications
    By frleal70 in forum Malpractice Law
    Replies: 1
    Last Post: 08-23-2005, 12:32 PM
 
 
Sponsored Links

Legal Help, Information and Resources