I went into the hospital for a simple gall bladder removal surgery. I came out with a hole in my trachea from the intubation. Somehow the anesthesiologist tore through my trachea. I ended up back in the hospital because I had air surrounding my heart and lungs and in awful pain.
An E.N.T. surgically removed the abscess formed around my trachea. I was in the hospital for several days and now I am in medical debt. I shouldn't have to pay for their screw up!
Does anyone know if the anesthesiologist can be held negligent? Do I have a case? (I live in Oklahoma)
Yes I have records. I received a copy of my medical records last week and it's all in there. ~Thank you~
David
You have proof, i mean documents proof. Yes you do.
Prorkycake
Many attorneys have free consultations. I suggest you find one and see him/her immediately. The only way to determine if you have a case is to have a specialist review the medical records. Good luck.
lawbrum319
I am not an attorney in Oklahoma, but I am in Tennessee. Our firm handles nothing but personal injury cases. In my opinion, the issue here is whether tear in the trachea is a "known risk" that you signed off on when you signed the notice and consent forms. It could be that inserting the trachea tube comes with a risk of tearing the throat. It is also very possible that the person that did this to you was in fact negligent and should pay. As the person above stated, go to a reputable Plaintiff's firm in your area. they will review this info for free and give you advice on how to proceed. If you dont like what you hear from one firm, get a second opinion. If two tell you that you have no case, then likely you dont. I wish you luck and hope this turns out well for you.
Pangolin
Sorry to hear about your problems.
One thing you need to know - a bad outcome doesn't necessarily mean malpractice. If you had tracheomalacia (softening of the trachea), the tube could have injured it without the anesthesiologist doing anything wrong. On the other hand, what you experienced is very unusual, so he/she may have been unnecessarily rough with the intubation. It's hard to know without knowing the whole situation.
Have you discussed this with the hospital's Risk Management department? They may be able to take care of the debt without the expense and hassle of a trial, which will take many years. They will also involve the Anesthesia department (who should be well aware of your case already) - maybe this anesthesiologist needs more education, an early retirement, or something else.
I'd start there, and see what happens. If the hospital tries to cover things up, it's definitely time for a lawyer. The thing you need to know about lawyers is that they are interested only in how much money they can make off of you. You're worth more to them if you're permanently disabled; they have no interest in your well being.
I hope the hospital is willing to work things out with you.
Orignal From: Do I have a good Malpractice Case?
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