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sjs3649 · Jun 22, 2009, 09:13 PM

Hi I'm looking to seek legal advice on a recent case of what I think would be malpractice. I had outpatient surgery on my wrist for a tear and ECU stabilization.. for the surgery I had a general analgesic. Following the surgery I had a nerve block done for pain control which resulted in immediate shortness of breath and sharp chest pains. I was experiences heavy breathing and the feeling of not catching my breath, in recovery I had mentioned my symptoms and the anesthesiologist assumed it was anxiety. I had the doctor come back in the room even after shift change to complain again of my symptoms and again said it was normal?? My voice was horsey and I couldn't swallow, I knew it was not anxiety. The hospital didn't take any other measures to even listen to my chest or lungs. Upon not convincing them that what I was feeling was serious they discharged me, I called 3 different doctors after being discharged before I found one that would listen... this is 4 days out of the hospital for the outpatient surgery. After the doctor requested a chest x-ray, which revealed a punctured lung I was admitted to an emergency room for a chest tube which stayed in for 2 nights before being removed. The hospital from where the nerve block was performed has been in contact to apologize... thank you doc but with that amount of pain and the loss of a vacation and loss of wages I may try for a lawsuit, but is this malpractice? Should I go through with the settlement?

tickle · Jun 23, 2009, 03:46 AM

Hi, sjs, were you in an accident ? I am wondering how your lung got punctured?

Ms tickle

ScottGem · Jun 23, 2009, 03:55 AM

I think you have enough to contact an attorney specializing in malpractice, but I'm not sure if you could win a malpractice suit. Obviously, several doctors felt that your symptoms were typical for the circumstances. And therefore, their diagnosis was not unreasonable or negligent. So that would hurt your chances of proving malpractice. Malpractice is not when a doctor makes a mistake, but when the mistake was the result of not following established and reasonable procedure.

If you are being offered a settlement that doesn't cover lost vacation and lost wages, then ask for more.

tickle · Jun 23, 2009, 05:15 AM

Originally Posted by ScottGem

I think you have enough to contact an attorney specializing in malpractice, but I'm not sure if you could win a malpractice suit. Obviously, several doctors felt that your symptoms were typical for the circumstances. And therefore, their diagnosis was not unreasonable or negligent. So that would hurt your chances of proving malpractice. Malpractice is not when a doctor makes a mistake, but when the mistake was the result of not following established and reasonable procedure.

If you are being offered a settlement that doesn't cover lost vacation and lost wages, then ask for more.

I think there is more to know here. The doctors peforming the minor surgery were not aware of pre-existing conditions, such as an accident causing a punctured lung. There are gaps in the explanation. The symptoms OP was explaining to the nurses and doctors was not unusual under the circumstances.

Tick

ScottGem · Jun 23, 2009, 06:23 AM

Originally Posted by tickle

The symptoms OP was explaining to the nurses and doctors was not unusual under the circumstances.

tick

That was my point. If the caregivers were following reasonable procedures then they were not negligent so no malpractice.

But I still think there is enough here to consult a malpractice attorney. The attorney will know what questions to ask to get the full story and then be able to determine whether a malpractice suit has a chance.

J_9 · Jun 23, 2009, 06:37 AM

You had general anesthesia, not general analgesia.

With general anesthesia there are risks... as the anesthesiologist places a breathing tube into your lungs because you are not only asleep but paralyzed as well, this tube is connected to a machine that breathes for you.

A punctured lung, or pneumothorax, is a risk involved with general anesthesia. If there is no permanent damage there is little to sue for aside from the extra medical bills incurred.

sjs3649 · Aug 5, 2009, 06:21 PM

[QUOTE=tickle;1813651]hi, sjs, were you in an accident ? I am wondering how your lung got punctured?

Ms tickle

Hi, my lung was punctured by a nerve block performed by a trainee after an outpatient surgery on my wrist.

sjs3649 · Aug 5, 2009, 06:27 PM

My attorney feels that this is a good case and has made a " packet " for the hospital. He doesn't think it'll be a huge amount but, maybe enough to pay the bill and sweeten the deal. So far the answers here are up and down, I'd like to go for more for the way that this occurred but, as long as my bill is covered then fine.

Fr_Chuck · Aug 5, 2009, 07:27 PM

It is very possible they will settle, as noted for a small amount, normally with attorney getting their percent of course.

orthocraig · Sep 8, 2011, 06:43 AM

The pneumothorax was caused by the needle used for the nerve block. Likely an infraclavicular block, which have a risk of just such complications. For this reason some anesthesiologists will opt for an axillary block instead. This IS a known risk, and as such, you assume the risk by consenting to the procedure. However, it should have been made clear to you ahead of time this could happen. Also, even once it did happen, someone should have recognized the symptoms and investigated further. Sometimes with a particularly effective block, people experience these types of problems. But to be thorough, nursing and/or anesthesia will have to check you out to determine if it is just a temporary effect of the block, or worse, a pneumo.
No idea if this is actionable, as I'm not an attorney, but I am an orthopedic physicians assistant and know about these types of blocks. I have seen this happen ONCE in my experience, but in that case it was immediately recognized and appropriately treated. The patient did just fine, by the way.