Legal Question in Medical Malpractice in Oregon
Neighbor went for Hysterectomy
My neighbor has been a victim of Medical: Malpractice, negligence,and incompetence. She went in to have a total hysterectomy, secondary to vaginal bleeding. She was told adhesions were on her intestines and the surgeon nicked the bowel and closed her knowing this. This lead to a necrotic bowel, and having a colostomy to corect the nicked bowel. She became septic and was near death, yet by the incredible power of one she lives. Her husband and son were near devastation to say it midly. He also took FMLA, and was not compensated per Target his employee. All this was started on Dec. 1st and was 20 days of terror and frustration that was supposed to be same day surgery. This is Surgery gone bad. Follow-up bad. I will secure the records and go through them for all errors and slow responses to correct something that could have been corrected that day and she could have left within a week, the Dr. Fox, closed her knowing the bowel had been nicked, and still had a window to recover that mistake and didn't This is a money maker for it all could have been averted.
Sincerely,
1 Answer from Attorneys
Re: Neighbor went for Hysterectomy
You posted some general information about your neighbor, but you haven't given any actual question for me to answer.
I can tell you that it sure sounds like your neighbor should talk to a good plaintiff's lawyer, right away. There are various time lines that begin to run, including a very short 180-day period within which to NOTIFY, per statute in Oregon (I PRESUME this happened in Oregon, since it was posted under that category), IF there is any governmental agency with any liability. This COULD potentially apply if her surgery were done at a Gov't owned hospital, such as the old sort of "County Hospital" of the past; more typically characterized today by hospitals such as OHSU in Portland. In those instances, the doc and hospital would require notice of her INTENT to make a claim, but doesn't require any actual lawsuit. BUT, failure to provide the notice can preclude her from ANY claim. I am also unsure if this would apply if her care were PAID for with any STATE support money, but I'm not sure on that.
If there was no governmental involvement for negligence, then it's a straight negligence claim, and every state has a statute of limitations, barring claims presented after a certain time period. In Oregon it's ordinariliy two years for this type of case, but it can be different, depending on detailed facts that a lawyer would ask.
As you can see, with all the "in's and outs," all the more reason for her to check in with a lawyer, ASAP. It isn't necessarily a "money maker," as you put it, since there are often much more subtle facts that the case might turn on. Hard to say without a careful review of the chart notes, AND, preferably, the opinion of a medico-legal nurse or a doctor. For all WE know, the TYPE of "nick" might have been a one-in-ten million chance of causing a problem, which theoretically could provide the doc a defense. I DOUBT THAT, by the way, but that was an example, to show that you really don't know what's up with a medical malpractice case until you dig deep into it.
Again, your neighbor ought to contact a lawyer who handles personal injury and/or medical malpractice claims for injured people, ASAP!
Good luck,
Sam Hochberg
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