I know what all the lawyers are going to say but hear me out first :-)…
Wife’s father is elderly, has only 1 eye with a cataract. His ophthalmologist says no prob, we’ll cut out the cataract and insert an artificial lens. Surgery is supposed to take 1hr, 2hr later he comes out and says he had problems, if necessary they’ll go back in a couple days. That night patient is in pain, "seeing things" like flying monkeys, etc. Next day they unwrap the bandages and he’s blind then he freaks. When told of the hallucinations the Dr. shrugs and walks out. Take him home, he starts really freaking, doesn’t know who he is, there are spiders and monkeys climbing on him, he starts swinging and swearing at people, has no clue who/where he is, etc. Call the Dr, no response. Leave msg with Dr’s. emergency No, no response. Finally take him to a different hospital ER, they have to restrain him he’s totally screaming and checked out. Next another Dr. checks him out and says the cataract is still there but so is the new lens (and may be upside down), there’s bleeding and swelling and possible detached retina. They try calling the Dr. no response. Finally new Dr. says I’m taking over and gets him admitted and a new surg team lined up. But they can’t operate b/c they have not got the records from the 1st Dr (Dr. of record). Finally wife and anesthesiologist drive to his office and demand the paperwork, they claim they tried to fax but it didn’t go through. Anesthesiologist reads the records and says OMG it sounds like since the procedure took so long he started to wake up during the time they were cutting on his eye, that might be why he has mentally checked out. Long and short the 2nd surgery appears to be successful so far still blurry but they think it’ll improve. All docs and nurses are tiptoeing around but suggesting "you have a valid complaint". He spent 2 days in ER plus 4 more in ICU until the hallucinations subsided. He still can’t walk without help so they’re sending him to rehab tomorrow. 1st Dr. showed up just as 2nd surg was finished and wanted to know why we went to different hospital, different Dr? We said b/c you wouldn’t return phone calls, he claims he never got them. We think he’s hiding.
Today the hospital sent a "patient advocate" who said he should file a complaint against the doc but "rather than hassle with an expensive lawyer we have a program set up by the insurance companies" everything will be paid for and he might even get something for pain and suffering.
Ok clearly he has a claim but should be take the advice of the PA and avoid litigation? I know they are trying avoid legal expenses and that’s understandable but perhaps there’s a bigger motive- someone told us the 1st anesthesiologist and nurses should have stopped the procedure and hospital shouldn’t knowingly let this guy in their OR- but on the other hand what if his eyesight is restored, can he even claim harm other than a couple days trying to hide from flying monkeys and spiders and being strapped to a bed so he did rip his IVs out?
We are scared to death of what the bill is going to be when it comes. I would think the 1st guy’s insurance would pick up the cost of the ER/ICU and 2nd operation without too much prodding, is there anything a lawyer can do that the insurance co’s would not other than dragging it out for a long time?
