Standard of care

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Standard of care.....I need help understanding something. I was recently told that my surgeon's standard of care was acceptable and in-line with the majority of the profession.

I was advised that I needed a microciscectomy and it was done. During the surgery, a ronjour broke and the broken piece was left in the disc space. The doctor guaranteed it would not migrate and said it was 4mm x 2mm. The piece is really about 9mm and it has moved to the rear edge of the disc (from initially being almost centered).

I am much more worse off than before the surgery. Every doctor I've seen since makes comments about him leaving the piece in. I am in the VA system now, so almost each visit is a new doctor! Nurses and techs see the problem right away and can't believe it. No one can believe that the hospital or doctor did not preserve the instrument (they threw it away immediately).

I have looked at the MAUDE data and found very few cases where the doctor left a fragment in the disc. With my limited capability and resources, I found little support for this being common. What was common was the retrieval of the foreign object.

This is not just a griping thing. If I got a bad doctor, I can understand that. With that, I should be able to get fixed by someone else. I'm having trouble finding someone willing. This thing just goes in circles! I really am trying to understand all this.

So...What exactly is acceptable standard of care? Knowingly providing incorrect information to a patient? Knowingly by-passing the military system (or any other insurance protocols) to rush the scheduling of another surgery? Making a decision and taking a risk, but not owning up when it doesn't play out perfectly?

Any advice is appreciated. Thanks.

doorstop

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Specializes in Cardiac Telemetry, ED.

We cannot give medical or legal advice on this forum. It is against the TOS that you agreed to when you signed up to post. I'm sorry about your problem, and I hope you find a solution. Take care!

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Virgo_RN

OK. I should have said 'Any help in understanding what 'standard of care' means would be appreciated'. Or asked to be recommend somewhere I can find out. I gave details to curtail the obvious answers and maybe get some good lay-person explanations. In no way am I asking for advice about what to do care-wise. I know what condition I am in and my limited options.

I posted this here because I have found the nurses and techs to be more straightforward with information. The line about not giving medical or legal advice is a hoot. Most threads contain something about somebody's opinion or advice. And it's not about how to bake a pie! Including your posts. You just jumped to the juicy details, ready to give advice but couldn't. I've been crippled from this longer than you've been a nurse!

Again, I was asking about what 'standard of care' means and what it entails. I'm scared if what I experienced is common and acceptable.

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Specializes in Education, FP, LNC, Forensics, ED, OB.

The legal definition of Standard of Care:

the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise. If a person's actions do not meet this standard of care, then his/her acts fail to meet the duty of care which all people (supposedly) have toward others. Failure to meet the standard is negligence, and any damages resulting therefrom may be claimed in a lawsuit by the injured party. The problem is that the "standard" is often a subjective issue upon which reasonable people can differ.

http://dictionary.law.com/default2.asp?selected=2002&bold=||||

So...What exactly is acceptable standard of care? Knowingly providing incorrect information to a patient? Knowingly by-passing the military system (or any other insurance protocols) to rush the scheduling of another surgery? Making a decision and taking a risk, but not owning up when it doesn't play out perfectly?

We realize you have had some major health issues. I personally cannot imagine what you've been through and only wish good things for you.

But, the members of allnurses.com, per our Terms of Service, cannot possibly address your concerns as they relate to your case.

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Please either seek another medical opinion and/or legal counsel.

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