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Medical Malpractice-Staph infection

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bellevue

Junior Member
What is the name of your state?What is the name of your state? Incident was State of Louisiana)
Now live in Georgia:

1/17/99 patient was admitted to hospital with double pneumonia. Was in ICU for two weeks. While still in hospital patient had to have triple heart by pass surgery. Surgery was 2/1/99. On 2/7/99 patient was diagnosed with Staphylococcus Aureus. Treated for eight days with Vancomycin, and other antibiotics. Condition of patient continued to deteriorate on a daily basis.
Patient was unable to walk without assistance, nausea, no appetite, hyperventilating, and incohorent.
Heart surgeon continued to say he was fine, if he wants to get well he will.
Also stated, any illness he might have is all in his head.
With patient still in a debilitated state, he was discharged from the hospital on 2/20/99, with discharge summary stating "jock itch."

Was returned to hospital on 2/28/99 and was informed the STAPH had attached to sternum (breastbone) and surgery would be required. In fact three surgery's were performed, with one surgery involving the pectorlis major muscle's being pulled over the "massive open space eaten away by Staph.
We have been told this type Staph ( Methicillin Resistant Staphylococcus Aureus) can never be cured, only treated. And this has proven true, as six years later, the staph still recurs.
Patient has taken months and months of IV medications, with one session being IV three times per day, seven days a week for six weeks. Synercid was the antibiotic for that sessiion as he had developed an allergic reaction to Vancomycin.
Doctor gave patient a letter stating he was 100% disabled and he is still disabled to this date.
We did in fact file a law suit against the Doctor and the Hospital. Mainly the law suit was to focus on the standard of care and the negligence by the Doctor to treat patient in a timely manner after once diagnosed with Staph., instead of sending him home.
I can understand it is difficult to fight the system in proving staph acquired in a hospital, however, the standard of care should not be difficult to prove when there are medical documents to prove otherwise.
After four years, our attorney withdrew from the case. No logical reason given. Of course we were unable to locate a new attorney.
We filed our own evidence to the Medical Review Panel ( State of Louisiana requires a Medical Review Panel review evidence first)
After receiving their opinion, which of course was in favor of the Doctor and the hospital.
Medical Review Panel consisted of Doctors on STAFF at the hospital named in the suit. One doctor on the panel actually saw patient was he was in the hospital, and this is a clear violation of the rules and procedures for the panel.

The opinion by the Medical Review Panel was total in-correct information.
Example: Stated patient "returned to hospital" on 2-28-99 and was diagnosed with Staph infection. Actually the Staph was diagnosed 2/8/99 and due to not being treated properly was forced back in to the hospital on 2-28-99.
Each time after 2-28-99 that he received IV antibiotics, the session would last at four to six weeks. The first treatment 2/8/99 only lasted 8 days.

Also, in the State of Louisiana (perhaps other states) if a settlement is received after suit, then plaintiff MUST pay any oustanding medical bills.
In our case this was hundreds of thousands of dollars and not being able to locate another attorney., we simply withdrew our case from the legal system.

We are now writing (a book ) real names, real places, etc, etc. the entire book is based on FACT, as we have all Medical and Legal documents. Several people have ask if there might be libel involved in writing the book.

Actually there are many statements made within the legal opinion that are totally false regarding the incident.

My statements in the book are strictly based on the facts of the case and any quotes from the legal and/or medical opinion will be quoted exactly as written.

What would be the opinion of the forum, regarding libel.

One last statement would be in regards to the Medical Malpractice caps.

There will never be any reductions in the premiums for the medical profession until they demand a TRUE accounting from the insurance company's regarding ACTUAL CLAIMS PAID, AND ACTUAL PREMIUMS EARNED.
Most all insurance company's will include "incurred losses" and reserves set up for potential pay out of a claim. Reserves are "assets"

A very simple accounting of Loss Paid vs Premiums earned would give the medical profession a better look into how their premiums are calculated.

Doctors usually will not speak out against one another, however, it would be in their best interest if they would start speaking out and weed out the negligent doctors in this midst. These negligent physicians that have frequent claims filed against them, effect the entire medical field.

Doctors should also insist that they be rated for their insurance on an individual basis, in lieu of "class rated"
All OB-GYN doctors should not be lumped into one category, as in all professions, there will be some that are not as competent as others.

Caps have been in place (Louisiana) for many years, and the Doctors are still howling and screaming about their premiums. Until they take matters into their own hands and get behind their legislators to assist them in this matter, nothing will never change.

Most times a very small settlement will be made to a plaintiff. It is the frequency of claims filed that increase the premiums.
Insurance company can and will set up a reserve $1,000,000 and this will remain open for years and years, all the while they are showing it as a loss.
Finally they may actually pay $50,000 or $ 100,000 on the claim .

How many Doctors are actually contacting their legislators and trying to have their premiums reduced by going for the insurance company;s and their accounting???
 


bellevue

Junior Member
Bellevue here: Incident State of Louisiana-

Actually we would be interested in what the medical and legal profession think of the sequence of events described.

Is this a normal and frequent event with hospital patients.
Why does the medical profession speak so very little about such a dreadful infection (MRSA) Especially like the type my husband has, which can not ever be cured., can only be treated.
It is bad enough to contract such a dreadful infection in the hospital, but it even more dreadful in the way the medical profession acts if it is an every day event and no one should be concerned. They treat it so lightly and briefly.
Just like the day we were told he had a "little infection" No where in my wildest dreams did we ever believe this little infection would literally eat the sternum away and have to take months and months of IV antibiotics and that it still recurs to this date.

We would like to know exactly how the medical profession feels about this infection and why do they not speak out more. By speak out more, we mean when consulting with a patient, and the infection issue comes up, why not go further into detail and describe exactly what "might" occur and that the infection can be much worse than what they are in the hospital for in the first place. Patients have sign forms pointing out risk of death, etc, etc, all kinds of risk. However, the infection issue is skimmed over as if it is a minor problem.
The medical profession may say, well this would cause unneccessary worry and anxiety to the patient. We say, the patient has the right to know all the morbid details, regardless of what they may be. As in, if a person has cancer, the person has the right to know all about it and his life expectanancy.

Medical profession and legal profession for say, we all have Staph, its on oour skin, OK we can buy that. However, why is it if cut our self, finger, toe etc,then why do we not get this dreadful infection.
My husband did cut his toe (almost off) many years ago. An infection did set in, and he was given an antibiotic and within two weeks, all was well and nothing recurred.
This is why most of the public relate to infection as just an infection, when what we are talking about is much much different.
Why is it called a hospital acquired infection.
Why is it when a person has a blood culture and when told the results, they simply say it is " a little infection." We would have never been told it was MRSA if I had not ask, " is it Staph" The answer was then yes it is.

You can help by answering some of these questions and hopefully this will make the public more aware of this horrid infection., as it certainly different from what most people think of, when they talk about an infection.

One particular IV session was for three times per day (6AM-2PM-10PM) seven days a week for six weeks ( on an outpatient basis)

Does anyone think a Doctor would discuss this infection with a potential surgery patient and tell them if a little infection does occur, you should be prepared for weeks and weeks of antibiotics by IV, and the infection will never be cured, it can only be treated. :confused: :confused: :confused: Also any comments about our writing this book. Has any one ever read or heard of a true life situation where a book was written about the personal life of the patient and detailing all the events, both medical and legal facts with the real names, real places, real events.

What does anyone think about our withdrawing our case from the legal system and going public with the situation???

As stated before, the Medical Review Panel in Louisiana is a joke :( :( :( :(
To have a Doctor on the panel that had seen patient while in the hospital is a conflict of interest and clearly states this in the rules and procedures when forming a Medical Review Panel. What does anyone think of that??
Also all the Doctors on the Medical Review Panel are also on staff at the hosptial named in the suit????
Does any one think, the Doctors on the Medical Review Panel would really give an unbiased opinion when they have to go there on a daily basis and use the facility and continue to be on staff?? Most likely not!!

Also, it would help to know if any of the Doctors are interested in speaking out against the negligent Doctors and eventually weed them out of the profession. They are the ones that are causing the high insurance premiums. The sooner the medical profession starts speaking out against the ones they know are negligent, or in their best judgment know they are negligent, the sooner the insurance crisis can be solved. The frequency of claims reported plays a huge factor on the insurance premium.
Why do the Doctors not speak out against the Doctors that they know are not doing their best? We know the Doctors are not perfect, however, some of judgment calls are very elementary.

What heart surgeon would not be concerned, if his patient continues to get worse each day for three weeks after heart by pass surgery, when other patients are going home within four to five days???
I would think he would be ordering one test after the other, to find out what is going on here???
Can a heart surgeon answer that??
Instead his heart surgeon( on a daily basis ) would tell us "if he wants to get well he will, as any illness he has is all in his head."
What good Doctor would say that repeatedly when the patient was not improving at all??

Then discharge a patient that could not walk with out assistance, stating on the discharge summary he only has a "jock itch."

You could not make it up!!! It is unbelievable the sequence of events and then the Medical Review Panel and legal profession contend the standard of care was appropriate :confused: :confused: Only to return one week later with his sternum eaten away by staph that had been diagnosed weeks before his original discharge.

Why would hospital personnel state on a discharge summary sheet, that patient will be followed up at home with Home Health Care, when there was no HOME CARE arranged at all!!!!

Why would the hospital and/or doctor not continue to give a medication that had been prescribed days earlier (Synercid-only given in life threatening situations) Patient had taken the synercid for several days and then was told the insurance would not pay for it as it was investigational. This was false, as FDA had approved the drug several months prior. They just did not check it out!! Why would the hospital then say we should go to another Doctor for treatment, if that was their belief our insurance would not pay???What was the logic.

Of course he was discharged from the hospital and his medication aburptly withdrawn.
When going to the Doctor he hospital suggested, of course, he said the same think, if insurance will not pay, he couldn't get involved????

Why would a hospital/doctor discharge a patient when they are dire need of a medication???

So So much more!!!
 

rmet4nzkx

Senior Member
I'm sorry this happened, but it happens, even President Reagan got a staph infection following the assenation attempt and subsequent surgery and it happens more frequently in some patients. If you plan on writing a book, you will need someone to write it for you and few will buy it.

I know you are frustrated but you have to focus.

It sounds as if you have exhausted all your options and we could spend monthy trying to explain it and you would never be any closer to satisfaction.

What other health conditions did the patient have? Perhaps they had a higher risk. Many people can get staph infections even without surgery or hospitalization.
 

bellevue

Junior Member
Louisiana:
That is just my point! Most people do not understand there are different types of infection :confused:
At least Reagan was treated and was able to resume his duties and was not 100% disabled from it.
I don't think you understand how difficult the treatment can be when the Staph infection is in the bone!! It literally eats the bone away!!

Dr. Barry Farr, the head of infection control at the University of Virginia Medical Center ( a few ago) compared the infection to velociraptors, the razor toothed dinosaurs in the movie "Jurassic Park." "Staph aureus is like a very tiny velociraptor that wants to eat the person alive from the inside out."
This was a quote from a ABC news article, regarding the death of Dick Schaap (after hip replacement) and contracted Staph.
Dr. Farr went on to say " the problem of antibiotic resistant infections is clearly out of control."
Mr. Schapp was in Lenox Hill Hospital on Manhattan's Upper East Side for his surgery.
These infections acquired in the hospital are becoming increasingly difficult, sometimes impossible to treat because many strains have become resistant to even the most powerful antibiotics.

You must understand, there are different types (strains) of this infection and where it is located is a huge factor.

Many Many people have Staph infections, treated and that's the end of it.

We are not "frustrated" This is a matter of making the public more aware of what can happen with these dirty hospitals and their trying to cover up this well hidden secret. A quote by Betsy MCCaughey, the former lieutenant Governor of New York, and a PH.D. in public health policy. She states "hospital infections are an ugly but well hidden secret in America's health care system."

We have not exhausted all our options. After contacting many many people regarding this issue, we are now receiving requests to expand on the issue further. CDC has an interest and rightfully so.

Any frustration we might have had was in 1999, by being in the hospital for most all of 1999. That's frustration!
Unless you have known someone personally that has gone through this, there is no way you can relate to it.
The Doctor's and hospital's brush the issue aside as if it is nothing, and the legal systems defends them!

Our satisfaction has been in having a publisher for my book, and quite the contrary, there is an interest in this type book. They must have some type survey system and tells them what might be interesting to the public and what might not be??!!

Can you believe, the tabloids have even contacted me and wanted to do this huge spread. We declined, as this story deserves more than what the tabloid can do.

While posting these message's, we are not seeking an explanation, and not seeking satisfaction.
Our only reason for the posting this incident was to receive any reply from anyone that might have experienced this horrific infection and what have they done about it????

Reagan's infection was not the "strain" that disabled him and not the kind where it recurs year after year and had to take weeks and weeks of antibiotics for years.

The antibiotics given for MRSA (certain strains) have been compared with chemotherapy. It leaves the person in a debilitated state and it takes weeks sometimes months to recover, and then only to have the treatment again.

Your comment regarding "few would buy my book" might be a little premature.

The interest of my book will of course be on the MRSA, however, the real juice of the book will be the quotes and statements made by the LEGAL AND MEDICAL PROFESSION. You couldn't make it up!! It is unreal and almost unbelieveable, unless you actually saw it in their documents.

My focus will be on the book!!
 

rmet4nzkx

Senior Member
This is a legal site for persons seeking knowledge and advice, it's not a support group or venting site, that is why we have asked you what is your question. Instead you vent and vent and vent.

You act as if we are stupid, while your venting lacks focus. If you plan on writing a book, you will have to have someone write it for you and in a more professional manner than your ramblings here.
 

bellevue

Junior Member
Located a web site with literalism. Sorry we used the space and time. We did not realize this was a forum for questions only! Our "ramblings" and frustration
are now being read by educated people and asking us questions. Lots of interest in the subject ;)
 

rmet4nzkx

Senior Member
You can delete the entire thread if you like with the edit function and clicking on the two boxes if you like.
 

rmet4nzkx

Senior Member
Why don't you copy and past them there making it easier for them to read rather than leaving them here where the serve no purpose as you have no legal question which is the purpose of this forum.
 

ellencee

Senior Member
bellevue
I think if you write the book in the manner in which you have stated, you are going to be sued for everything you and your family could ever hope to have.

You have more than a lack of knowledge about methicillin resistant staph aureus; you have a total lack of knowledge about the entries in the medical records.

Find a cure for MRSA and/or Vancomycin Resistant Staph Aureus and for Deep Sternal Infections post bypass surgery and write a book. You will be famous and rich beyond your dreams and the medical community will bow before you.

EC
 

rmet4nzkx

Senior Member
ellencee said:
bellevue
I think if you write the book in the manner in which you have stated, you are going to be sued for everything you and your family could ever hope to have.

You have more than a lack of knowledge about methicillin resistant staph aureus; you have a total lack of knowledge about the entries in the medical records.

Find a cure for MRSA and/or Vancomycin Resistant Staph Aureus and for Deep Sternal Infections post bypass surgery and write a book. You will be famous and rich beyond your dreams and the medical community will bow before you.

EC
Me thinks OP's name may have some bearing on all of this ;)
 

bellevue

Junior Member
ellencee:
My book is NOT being written in the format you have seen on this site.
Our knowledge of MRSA has been based entirely on living the nightmare!
The entries in the medical records have been quoted EXACT and I cannot see where the lack of knowledge would be when taken directly from the records.
Have you experienced years an years of treatment for MRSA?
What little knowledge we may have about MRSA is more than I ever wanted to know about it!
 
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