Legal Question in Legal Malpractice in Kansas

I had two major surgical operations done on the same day and was hospitalized for 6 days and have a few questions. I had my colon removed in 2011 and on August 12, 2014 I had a revision done due to prolapse, 3rd one of these I've had since 2008. At this same time I had my rectum removed. Both very major surgeries.

I told the hospital staff that my oldest sister would be there the day of the surgery and maybe one other time since she works full time and lives out of town and that my 18 year old daughter would be my contact, it just happened that she came down with a horrible viral infection the day before surgery and her dr told her that she had no business up at hospital around me with that virus.

So, I was not offered a tooth brush, I asked for one but my blood pressure was so low I couldn't get up alone and no one ever came back to help me with just toothpaste and basin to spit in, the whole 6 days! I was never offered a sponge bath, my bedding changed or a shower and hair washed the entire 6 days. I was told I would get help walking two times a day, I walked a total of 3 times the entire time.

A "fill in" dr came in on Saturday and asked if I was about ready to go home because medicare was wanting to "kick me out" and I told him there was no way I could go home with the pain I was having and as weak as I was. He told the nurse that he would write orders that if I was better I could be discharged otherwise to call him.

The next day came and the nurse said she was getting ready to write up my discharge papers and I told her that there was no way I could go then because of two reasons, I couldn't take care of myself and I didn't have a ride until my daughter got off work at 5 pm.

She told me that was fine, I didn't have to worry about checking out until midnight, if it was after that then they would charge me another day and I would have to pay it out of pocket. So for about the next 2 hrs she kept coming in and asking me if I was sure there wasn't anyone else I could call and I told her no. About 3 pm she said that she could call a taxi and they would come get me and I thought that was the most bizarre thing...I was heavily medicated and that was her solution.

About 10 minutes she came in the room with the front desk phone saying they wanted to talk to me and it was the taxi wondering what door I would be at.

This man drove me home to my apartment and I didn't have keys to get in and it was 100 + degrees outside that day. I called my daughter and she had to get off work and run to me and let me in. Once I got into the apartment I passed out and I had no phone, the last person with me was the taxi driver, so nobody could get to me and no one knew my daughters number.

This was the first time I've been on medicare and had a procedure of this capacity done, when in was just billing tricare, I was treated like a queen compared to this!

I a there anything I can do so this doesn't continue to happen to others?

Sandy Patience


Asked on 8/28/14, 10:22 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Obviously, you can communicate your concerns with your Congressman and Senator. You could donate to various charities that assist the poor. Medicare is intended for basic care. Private insurance is more likely to get one treated like a queen.

Good luck

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Answered on 8/30/14, 6:14 am


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