Need legal/medical advice and help

[emilyj]

I'm trying to work a situation out, and I would really appreciate any outside perspective because I'm very :@ now and trying not to be. I'll try to keep this short but I need to give some background.

Backstory: In 2009 when I had my lap that diagnosed me with endometriosis, I also had my appendix removed at that time. I had a complaint of 'right side pain', my appendix was apparently enlarged, so they decided to take it to ward off any future issues with it. Fine.

In 2011, at my 3rd lap for endo removal, it was discovered that the staples that were used to close the appendix removal had fallen out and migrated. They were embedded in my uterus and free floating around my reproductive organs. My ob/gyn tried to remove them from my uterus but could not. I never asked what happened to the free floaters.

Fast forward to my surgery last week. In my meeting with the surgeon, I asked about the staples, and the first words out of his mouth were "Why did they use staples? I never would have used staples for the appendix. I would have used sutures." Ok. But he said he would remove as much of them as he could.

In this surgery, they ended up cutting out and removing a ton of endo from my uterus, bladder, bowel, intestines, uterine ligaments, and abdominal muscle walls. That's all good. They also had to remove my right ovary and tube because they were so damaged. Not so good.

I just got my op notes, and reading them over, I read that they found staples in my bladder and right ovary, among other places.

Now let me be clear - I'm not at all saying that I think my ovary got removed because of the staples. I fully realize that the ovary was destroyed. But I also don't think that there should have been staples in my ovary to begin with.

Here's what I'm puzzling over in my head, and what's making me mad. Do you think I, as a patient, should have a reasonable expectation that those appendix staples should have stayed in place and not migrated all the hell over my lower abdominal cavity? From what I've read and what my new surgeon said, it's not uncommon to see a couple fall out - but I had staples in my uterus, my bladder, and my ovary that got removed.

Am I nuts in wanting to question this further? I'm not at all looking to push a major malpractice suit or a get rich quick payday, but do you think I'm wrong in wanting to start asking "What the fuck?"

[mcgee]

I am neither a lawyer nor a doctor, but I'd be thinking "WTF?" as well.

[ttt]

:-| :-| :-| Yes, I would definitely be contacting a lawyer about this.

[vanillacourage]

Lawyer up.

[emilyj]

Stupid question #2 then...what kind of lawyer would I need to reach out to?

I have to go back to my current surgeon on the 22nd for my follow up and I kind of want to ask him his perspective on the staples and ask him again why he wouldn't have used them (because he said he wouldn't have).

I'm trying to be level headed about this, and I just keep coming back to :@

[marynjoe]

WTF? I'd also be talking to a lawyer.

[Deleted]

I'll PM you some good attorneys

[twotrue]

You are not nuts and should question the hell out of this.

[kimibrighteyes]

I think there are 2 issues here:

1. Is it reasonable and acceptable medical practice to close the appendix stump with staples. The answer may be "yes" even if the other surgeon would have done it another way. There may be a reason why they did it this way or there may be complications with using sutures that you are not aware of.

2. Is migration of staples a recognized complication even with good surgical practice.

Good luck. Hope you find the answers that you are looking for.

[eclaires]

I think you'd want to look for one that specializes in some type of medical malpractice.

If you call your state's bar association, they should be able to give you some recommendations.

And seriously, I am also thinking, WTF. That is horrible.

[atouchofklasse]

Ditto kimi.

[Melissa W.]

I have no good advice but I would also be questioning why all this happened.

[secretlyevil]

WTF? is right! I hope you get some answers.

[emilyj]

Thanks everyone. I'm glad I'm not the only one that thinks this sounds nuts. I appreciate your input!

[WOT?*]

Ditto Kimi about the standard and ditto sbp on the type of attorney you would need (personal injury with an emphasis on medical negligence.)

I hope you get your answers, and the answers you get alleviate your concerns. I'm sorry you're going through this.

(ETA: many PI lawyers will give you an initial consultation at no charge and work on a contingency basis so they get a percentage of a settlement or verdict plus expenses reimbursed. If they take the case and investigate but you decide not to pursue you will probably be on the hook for expenses - which can get high in medical negligence cases with records reviews and expert consultations - but would not generally be out the lawyer's fees. Review any agreement carefully but this is the norm in the areas where I've worked in the past.)

[Michelle]

Ugh - this is horrible. I am sorry you are going through that.

If you can afford to hire a lawyer to look into it, I would. If you cannot, or a lawyer doesn't take your case, I'd look into how to report questionable practices to the Alabama State Board of Medical Examiners. If it turns out it wasn't actually malpractice (based on answers to Kiwi's questions) it still should be reported because whether malpractice or not a trend of this kind of stuff should be shared among physicians so they can improve surgical techniques and therefore outcomes for patients.

I think most lawyers would prefer you to go through them first and then they would report any post-lawsuit findings to www.albme.org/complaint.html

[princesscal]

You were not harmed by the floating staples? They are (obviously) surgical grade so it doesn't sound like they were really an issue. I don't see why you are going to get a lawyer when you don't have any damages.

[emilyj]

Aug 14, 2012 6:00:17 GMT -5 princesscal said:

You were not harmed by the floating staples? They are (obviously) surgical grade so it doesn't sound like they were really an issue. I don't see why you are going to get a lawyer when you don't have any damages.

Well, the staples ended up in my right ovary, which I now no longer have. I think I have the right to question all of the reasons why that is.

Obviously I'm not the only person here that thinks it's bizzare that these staples ended up embedded in my other organs. And as my husband pointed out, since I've been in pain for 3 years since that first surgery no one has been able to explain, we don't really know what the staples have done. But I can't help but think they shouldn't be embedded in my freaking bladder, uterus, or ovary.

All I'm looking for is the legal opinion of people that deal with this stuff at a level I don't at this point.

[Deleted]

Aug 14, 2012 6:00:17 GMT -5 princesscal said:

You were not harmed by the floating staples? They are (obviously) surgical grade so it doesn't sound like they were really an issue. I don't see why you are going to get a lawyer when you don't have any damages.

If you think the staples being "surgical grade" means it's OK for them to migrate and float around anywhere in the body, you quite simply don't know WTF you're talking about.

OP: surgery is not my subfield, but I'm almost certain that this outcome is not considered an acceptable complication. What the surgeon you consulted said and how he reacted supports my suspicion.

One thing I know for a fact is that some doctors do shit that most of their peers would never do. I see this all the time; it just usually doesn't come back to bite them. I say lawyer up. Good luck and keep us posted.