Should I Sue?

Well I guess I better start from the beginning. I was diagnosed with colon cancer on April 9, 2008. I went in for surgery June 20th, 2008 for a resection, they removed the 5cm tumor in the rectum and resected the colon to the rectum, they also did a reconstruction of the vagina and sutured the rectum to the vagina . I spent 12 hours on the table when it was suppose to be a 5-6 hour surgery due to scar tissue from a previous hysterectomy 14 years prior. I was transported to ICU and left on the respirator for two days due to the extreme amount of pain I was in. The second day was touch and go , I was given plasma and whole blood, my heart was struggling and they worked desperately to stabilize me, my doctor said they did not feel that I would pull thru .By the grace of God on the fifth day I improved enough to go to the surgical ward. It was now the tenth day and on the eleventh day I was to return home or at least that is what I thought . My doctor had the day off so her surgical team took over for my care until she returned. A group of residents periodically dropped in to see how I was doing . The resident on call prescribed a suppository to be administered that day because he felt I was not regular enough, although I had had normal bowel movements. The nurse administered the suppository as told and immediately I felt something was not right. About four hours later I sat up in bed talking to my husband and I lost control of my bowels all over the bed, I was embarrassed because I never have done that before. All night I spent in the bathroom going at least 20 times, no lie I am not exaggerating, if I had not gone the doc was going to give me an enema which I was told would of killed me. By morning my bowels were going through my vagina and my vagina began to swell. My white count went through the roof and they rushed me into CT scan. The scan revealed all that hard work with the first surgery had undone itself and a 2 ½ cm. hole was now in my vagina as well as my rectum. The two were sutured together the first surgery. So my successful surgery was all undone by the incompetence of one act of inserting a suppository without permission from of the head of surgery. My surgeon prepared me and my husband for another surgery just 10 days after the first. They began the surgery the next morning July 3rd, 2008. They began in the pelvis but because of hemorrhaging had to cease and call the Gynecologist down for advice. He recommended that the vagina be irrigated and he would see me in eight weeks to evaluate but no surgery could be done for one year . The surgery would repair the hole and separate the rectum from the vagina . The doctors came out and told my husband they had to do a permenant colostomy bag because of the damage. My husband was devastated to say the least and to top that all off my first surgery caused nerve damage to my L 2& 3 , possible a pinched nerve due to the position on the table because I was on the table for 12 hours in one position I lost all feeling in my right leg from the ankle to the hip, this may be temporary or possibly it may be permanent. The intern was severely reprimanded but my chart never indicated nothing by rectum until after the mistake occurred. My surgeon blamed the nurses because they should of questioned the intern, the intern blamed the doctor for not being informed but here I am 45 with a permanent bag that was not necessary. My husband is angry , I am sad. We will lose our intimacy with one another because of the damaged vagina, the repair can not occur for one year, and it may or may not be able to be repaired. I know sex isn't everything about marriage but it is a big part. Plus every day I see this bag hanging from my stomach and as I clean it I am so sad I can't quit crying. I am so depressed and feel a part of me died on that operating table. We want to sue so this never happens again, not for the money but for justice. Our lives has been altered due to this intern’s lack of knowledge. The hospital said they won't fight the law suit they know they were wrong but why can't anyone apologize and say I screwed up and I am sorry . I know sorry isn't good enough but it would of been nice to have my doctor say I should of charted it so the communication was there for my surgical team. You put your lives in these surgeons hands and you want to trust them but how can I ever trust them again. How am I going to have the trust to go through another surgery in a year . Will I ever get over the fear . Please write with suggestions because the pain and depression is getting to the best of me.

Thanks,

Sheryl

Sheryl,

I came upon your message "by chance" as I have a totally different disease and look at different boards from where you posted, but I had a big reaction to your message.  I can "hear" your anger and pain, and I am concerned that if you focus on legal retribution, you will end up in months or years with a bunch of money- and the same anger and pain!  I am not qualified to gie you legal advice, so I think you should ask a lawyer what your options are- especially how long you can wait and not lose your oportunity to file suit.  I would guess it is several years.  After you confirm it won't damage your case to wait a few months, you should find a caring (but QUALIFIED) councellor to help you with your anger and depression.  I had a pretty successful "cure" but I still ended up angry and depressed and a psychologist helped me a lot.  Certainly, there are qualified clergymen who can also help.  If you still have a good relationship with your family doc, he or she can be a good source of referrals.

I think you need peace more than money and I hope you find it.

 

It is not about the money at all it is about  is the fact this could never happen again. I have an excellent pastor, councellor and family and friend support. I am a devoted Christian woman but that doesn't mean I am not human. I am very sad, on anti depressants and trying to deal with this condition being a part of my life now. My family doc is excellent she has beeen through so much with me over the past 17 years she knows me as well as my own family. She is supporting me and she will help me deal as best I can . I have already contacted our attorney and we will file immediately, the hospital is not fighting the law suit because they know they were wrong. I don't care about the money, but I will have medical problems the rest of my life and I will need to have compensation for my bills. I had to quit my job and file for disability and things are just going to be different from this day on. I need to grieve, be sad, cry, scream, and so forth, I lost the person I was before surgery, the good that came out of all this is the cancer is gone which I am grateful for. I know I seem bitter but this is all new for me and I am entitled to my feelings. I am not consumed with grief I have a family, husband and three girls I have their support and love but they are suffering also. I know eventually things will get better but for now I am sad, mad and hurt all over. I will survive this also it just will take time.

Hi Sheryl,

I am so, so sad to hear what has happened to you. You may remember me- we had "talked" a while back before your surgery about our situations, kids, how we live nearby (I'm in Fallbrook), etc. and I was wondering about how things had gone for you- I was shocked and saddened to read your posting of what has happened.  I'm gong to start storming Heaven with prayers for you- for wisdom in what to do (sue or not), and to for the Lord to send his Comforter to both you, your husband, and daughters.  It's been just a short time since all this has happened, and  I know time won't change what has happened, but I do know that feelings and perspectives on situations definitely can change over time. Keep working with your doctors, pastor, counselors, etc on the sadness and depression.  Depression certainly could be a normal reaction after all you've been through, but it doesn't have to continue on.  I'm glad you've tried some meds.  Remember that if your current meds don't work for you, let your doctors know- others can always be tried.  Keep the communication open with the doctor prescribing the meds to watch for any possible side effects, whether it's helping, etc.

I maybe should have made this a private reply, but I'm now going to send you my private email address via a private reply.  I had misplaced yours from before.

Take care- Remember... "I can do all things through Christ who gives us strength"  Phillipians 4:13

Lisa