Would you ever sue for malpractice?

Nurses General Nursing

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I don't want to give details about my case, because I'm not sure if that would be wise given that it is a current lawsuit. Suffice to say that I was in the hospital, at the doctors office, and in touch with my doctors' office multiple times throughout a week leading up to the 6month loss of twins. Whenever I was in the hospital I was rehydrated and sent home, told I had food poisoning, etc... Well, it turns out I had a very easiliy diagnosed, commonly known cause of premature labor. Right under their noses. On more than one occasion.

I am not a vengeful person, and I understand that people make mistakes. I'm about to graduate from nursing school and I'm terrified of making a mistake and hurting someone. However, I do feel that my case was VERY negligently handled (I was 18 y.o. on government medical insurance, if that might be a reason). So, I sought out a lawyer just to ask him about it.

A lawsuit seemed like my way to participate in the justice system. To make sure that something like that didn't happen again. I could think of NO other way to make a difference. In fact, if I was shown that I was mistaken and that, I had in fact, received good medical care then I would happily accept it and move on. I would like closure and what is right and good to be done through this.

Looks like they're going to settle the case (3 1/2 years after I met with the lawyer). I have VERY mixed feelings. Even though these suits are part of the justice system, it seems like its a broken system. Am I only contributing the problems plagueing the system? If I let them settle without bringing it to court will the REAL CASE pass unnoticed by the medical community within that system?

What would you do? I loved my kids. I'm not interesting in making a buck off of their deaths, thankyouvery much. What is right? What makes a real difference?

I am sorry for the loss of your children. Experience tells me if they are willing to settle then they are at fault. I would absolutely hold whoever accountable.An 18 yo with twins is a high risk pregnancy and should be treated as such.

I don't want to give details about my case, because I'm not sure if that would be wise given that it is a current lawsuit. Suffice to say that I was in the hospital, at the doctors office, and in touch with my doctors' office multiple times throughout a week leading up to the 6month loss of twins. Whenever I was in the hospital I was rehydrated and sent home, told I had food poisoning, etc... Well, it turns out I had a very easiliy diagnosed, commonly known cause of premature labor. Right under their noses. On more than one occasion.

I am not a vengeful person, and I understand that people make mistakes. I'm about to graduate from nursing school and I'm terrified of making a mistake and hurting someone. However, I do feel that my case was VERY negligently handled (I was 18 y.o. on government medical insurance, if that might be a reason). So, I sought out a lawyer just to ask him about it.

A lawsuit seemed like my way to participate in the justice system. To make sure that something like that didn't happen again. I could think of NO other way to make a difference. In fact, if I was shown that I was mistaken and that, I had in fact, received good medical care then I would happily accept it and move on. I would like closure and what is right and good to be done through this.

Looks like they're going to settle the case (3 1/2 years after I met with the lawyer). I have VERY mixed feelings. Even though these suits are part of the justice system, it seems like its a broken system. Am I only contributing the problems plagueing the system? If I let them settle without bringing it to court will the REAL CASE pass unnoticed by the medical community within that system?

What would you do? I loved my kids. I'm not interesting in making a buck off of their deaths, thankyouvery much. What is right? What makes a real difference?

After much discussion with my husband (father of the babies), we have decided that we would pay off our school/car debts, buy a modest home on a little bit of acreage, and give the rest away to various children's organizations -- particularly orphanages. We would also like to set up an account to help friends/family/good people we meet adopt. Of course, we don't know how much the settlement will be for, so this is just speculation. I pray that my sons' memories will be honored by these actions and the way we live our lives.

I would probably have to say no. There isn't any amount of money that would take away the pain of losing my husband. everytime i would try to spend it i would be reminded that he was gone and wasn't here with me. what i would want however, was a signed, written apology by the doc that said yes i screwed up and i am sorry about that and sorry i toke your husband away. a friend of mines husband died on the table. she filed a wrongful death suit. she kept after the doc to apologize but his attorney said hell no that is an admission of guilt and he was like well i did make a mistake and i screwed up. finally the doc apologized and she dropped the suit. to me and admission of guilt means more. i wonder what the world was like before lawyers came around and everyone became sue happy. i was walking in the mall yesterday and a women went running by, there FLOOR WET signs everywhere and they were trying to clean it up. well in her 4 inch heals she didn't make it and fell. i ran over to see if she was all right and this is what i got " Don't nobody touch me until my lawyer gets here" and starts dialing the phone. I told her well then nobody will touch you he the group started to disband and she said wait you are all witnesses. and I said you bet we are....for the mall!!!

Can't put a price on a life, but you may take a bad physician out of practice, and we all know a few of them!

See, I don't know that my physician was a bad physician. I think she made a bad mistake. I would assume, if she has a conscience, she won't make it again. So, should I go with my assumption? I'm positive that since it's a suit at this point, she would never apologize, even if in her heart she is sorry, because she would have to trust me completely to do that. I tend to think (and I don't know her complete practice history) that I do not want her taken out of business.

I would probably have to say no. There isn't any amount of money that would take away the pain of losing my husband. everytime i would try to spend it i would be reminded that he was gone and wasn't here with me.
Kris, what if the case changed the improper practice of a nonapologetic physician and you used the money in ways that would honor your God and your husband? The woman you described in the mall sounds horrid.
Specializes in NICU/Neonatal transport.

From my own experiences, I would probably not sue, given the information. I'm not aware of a very common preterm labor causing illness that is treatable. *shrug* I know of quite a few diseases that they do know can cause PTL, but they don't present like food poisoning at all.

PTL is such a tricky thing to manage in pg, so I would have to see a lot more information before I would feel remotely comfortable with suing.

Kidney infection.

And I have seen a lot of information. This thread is about the morality of lawsuits, based on the supposition that there was, in fact, some amount of negligence. It wasn't really about getting medical professionals to debate the medical facts of my case. So, if anyone else has any questions or comments about the technicalities involved, feel free to PM me and I will see if I can answer. Otherwise, can we keep this to a moral/personal discussion about malpractice cases that are not frivilous?

To answer your question, YES there absolutely are appropriate times to file a lawsuit.

The fact that you are even asking this question indicates that you are a conscientious person and have done some soul-searching about the matter. I.E. you didn't rush into the arms of the first PI atty that slipped their card in your mailbox.

Of course, no amount of money will ever make up for the children you lost. As others mentioned here, I'm sure you will make the right decision for your family.

Specializes in NICU/Neonatal transport.

If there's no question about whether it is frivilous, then there should be no question about whether it is ok to sue or not. Of course it would be ok, that's why there is the ability to sue for malpractice.

I see what you mean Lilpeanut, but I was thinking that just because something is legal doesn't mean it's always right. It's a tough call.

sigh............yes, i would sue BUT i certainly understand your question on how justice has prevailed? yes, the settlement is an admission of guilt but what were the consequences to the doctor? were there any? is he still practicing? i do understand that there must be some personal accountability.

as i also understand your ambivalence about receiving money for the loss of life- the 2 just cannot compare. it sounds like you really want this doctor to be held responsible for his actions.

the question being, is if you didn't settle and went the whole 9 yards and the doctor was found guilty- how does that change the feelings of ambivalence of the $ received.

it would seem the most important thing for you is the personal accountability part. as for what you do with your money, you own no one any explanations whatsoever. you spend the money the way you see fit. period.

and keep in mind, there will always be ignorant people out there so be prepared on how you will respond.

lastly, i'm very sorry for what you've had to endure.

wishing you peace and closure,

leslie xo

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