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  1. #1
    Join Date
    Mar 2005

    Default Stuck with contaminated needle during surgery

    My fiance recently underwent a myomectomy (removal of uterine fibroids). During the procedure, they injected her with something to restrict the bleeding at the site of the fibroid removal. As there were six fibroids, there were numerous injections. Apparently, between one of the injections, the surgical aide (?) poked herself with the needle, but did not inform the surgeon until later and continued to use the same needle to administer the injections into my fiance.
    We only found out about this after the surgery because we noticed that there was a bruise on her hand where they had drawn blood for tests. When we asked the doctor, he said they were doing tests on both parties for things like AIDS and hepatitis.
    Initially we were shocked and outraged, but when the initial tests came back negative, we were somewhat relieved. However, when we requested some kind of paperwork or documentation, the doctor hemmed and hawed about confidentiality and basically gave us the runaround.
    It has been three months since the surgery and after repeated requests we have still recieved no documentation of any kind from the doctor or the hospital. The hospital is now asking my fiance to come in for a follow up test, but she is hesitant to go back without first getting the initial report. She suspects the hospital is worried about covering it's own behind and that if she consents to their test at their lab, they might alter or influence the report. She is considering getting tested at an independant lab, but the hospital is saying they want her to do it at the doctor's office.

    All we want is the initial incident report so we can know what to expect in the future, have some peace of mind, and move on with our lives. We don't need to know the name of the other party, we just want to see the test results.
    Because the doctor and hospital are being so secretive, and evasive, we are wondering if there is more to it and they think they may have a lawsuit on their hands? Is there a case? Do we need and attorney? How do we get the report(s)???

    Any help or insights would be appreciated. Thank you!

  2. #2
    Join Date
    Sep 2004

    Default Medical Records of Other Person

    Absent a release from the other person involved, it would seem that they are prohibited from providing you with information about that person's medical condition. I realize that it is frustrating not knowing if this is simply routine follow-up or if this is something that should be of greater concern. You may wish to consult with a lawyer in your state to see if you have any available options, which would not violate HIPAA or other medical privacy laws.

    (More information about medical malpractice law in Hawaii.)

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