What would you do? (long)

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  • Ed62
    The Full Monte
    • Oct 2006
    • 6021
    • NW Indiana
    • BT3K

    #1

    What would you do? (long)

    About a month ago, my wife had some rather involved oral surgery. Before the surgery (not covered by insurance), we had an agreement with the oral surgeon about cost. He was to "totally relax her", using some sort of gas. He wanted a list of her medications, and he would contact our primary care physician to make sure there was nothing he wanted done prior to surgery.

    Before we had the surgery date, he told her that her physician wanted her to have an (outside) anesthesiologist handle the anesthesia. That would mean he would not be using the gas to relax her during surgery. The additional cost to us would be $1300.00. Since our physician ordered it, we bit the bullet, and had it done.

    Now it's the day of surgery, and everything seems to be going O.K. The surgery is completed, and the anesthesiologist leaves. She should be fully awake in about 1/2 hour, but they couldn't wake her up. They used smelling salts several times, and she would wake up, but fall right back asleep. They put a monitor on her to watch her blood pressure. After about 5 hours, they still could not keep her awake, and her blood pressure dropped. They called an ambulance to take her to the emergency room. After spending about 6 hours there, we finally went home (she was awake, but drowsy). The diagnosis was a drop in blood pressure due to an overdose of anesthesia. She was to follow up with a visit to our physician within 2 days.

    She is now in our physician's office, and she jokingly told him it was all his fault for ordering an anesthesiologist to handle it. He was very surprised, and more than a little upset when she said that. He told her he did not order it. He only told the oral surgeon which meds she should be off of before and after surgery.

    Next visit to the oral surgeon's office: The surgeon told us that the anesthesiologist overdosed her (which we already knew), but that he was not part of their team. He was brought in from outside his office. He also told me he was going to get my $1300.00 check back for me. Neither one of us has mentioned it since. The check has never been cashed, so I expect he is holding it. I told my wife not to sign anything releasing anyone from responsibility if she is asked to. We'll wait until everything is over.

    Here are my thoughts. He might be getting a kickback from the group of anesthesiologists, so he told her that her physician ordered it. She has had health problems for the last 20 years, and maybe he was afraid to handle it himself. But if that was the case, why wouldn't he have told her that?

    When he tells her he is finished with the job, I'll bring up my concerns with him. I'll ask him why he told her our doc ordered the anesthesiologist, when he didn't? My wife went through a lot because of the overdose. She slept most of the next day after getting out of the hospital.

    We are definitely not the type to sue people just because we can. We don't believe in that. I actually had a doctor tell me she felt it was the fault of another doctor which caused me to have a stroke in 1995!! She told me I had very good cause for a lawsuit. I did not pursue the lawsuit because there was no reason to believe the doc did anything but try to help me. Maybe he went too far, but people make mistakes. There is absolutely no doubt in my mind that I could have at the very least received compensation out of court. But I didn't think it was morally right.

    But this is a different thing. Did the surgeon talk us into spending $1300.00 so he could get a kickback? If so, I think that would be cause for him to lose his license, and also a hefty lawsuit. Right now there are unanswered questions, but I wonder what you would do?

    Ed
    Do you know about kickback? Ray has a good writeup here... https://www.sawdustzone.org/articles...mare-explained

    For a kickback demonstration video http://www.metacafe.com/watch/910584...demonstration/
  • TB Roye
    Veteran Member
    • Jan 2004
    • 2969
    • Sacramento, CA, USA.
    • BT3100

    #2
    I think I would put a stop payment on the check, since it has not been cashed. Then I would consult an attorney if for nothing else to invistagate what the H is going on with the Oral surgeon. Maybe go the the Dental License board or what ever the call it where you live. Somthing funny is going on. As far as sueing for damages that is up to you but you do have a right to file charges.

    Tom+

    Comment

    • dbhost
      Slow and steady
      • Apr 2008
      • 9541
      • League City, Texas
      • Ryobi BT3100

      #3
      What he said. I would also bring the issue up to whatever medical ethics board your state has. Something is seriously screwy here, and that put your wife at risk. I'm funny about that sort of thing... You can screw up with me, but you had better not mess with my family...
      Please like and subscribe to my YouTube channel. Please check out and subscribe to my Workshop Blog.

      Comment

      • RAFlorida
        Veteran Member
        • Apr 2008
        • 1179
        • Green Swamp in Central Florida. Gator property!
        • Ryobi BT3000

        #4
        Ed, Tom gave you some good advice.

        Follow through with stop pay on check and consult an attorney. Maybe there is a kick back of sorts, but the most important thing is your wife's life was placed in trust of those doctors. There was a big screw up and you have the right to find out what can be done. Something of this nature should be investigated and legal process if necessary. Just my thoughts, but your wife's health and life was at stake there. I hope she is feeling better and no long term effects have ocurred.

        Comment

        • Ed62
          The Full Monte
          • Oct 2006
          • 6021
          • NW Indiana
          • BT3K

          #5
          Thanks for the replies. I have a nephew who is widely regarded as one of the top personal injury attorneys in Indiana, but I haven't talked to him about it, and I really don't think I will. Like I said, we're not that type of people. The important thing is that there was no lingering damage, and she is feeling better.

          But something is definitely wrong here, and I want to find out what's going on. If it relates to kickback or otherwise profitable to the surgeon, it seems to me that would be fraud on his part. But for now, I really don't know.

          Ed
          Do you know about kickback? Ray has a good writeup here... https://www.sawdustzone.org/articles...mare-explained

          For a kickback demonstration video http://www.metacafe.com/watch/910584...demonstration/

          Comment

          • Richard in Smithville
            Veteran Member
            • Oct 2006
            • 3014
            • On the TARDIS
            • BT 3100

            #6
            Ed, regardless of whether you plan to sue or not, still talk to some one about this. Your wife might be alright but if they are up to no good there should be an investigation before anyone does get hurt.

            I'm happy to hear that your wife has no ill effects.
            From the "deep south" part of Canada

            Richard in Smithville

            http://richardspensandthings.blogspot.com/

            Comment

            • crokett
              The Full Monte
              • Jan 2003
              • 10627
              • Mebane, NC, USA.
              • Ryobi BT3000

              #7
              Originally posted by Richard in Smithville
              Ed, regardless of whether you plan to sue or not, still talk to some one about this. Your wife might be alright but if they are up to no good there should be an investigation before anyone does get hurt.

              I'm happy to hear that your wife has no ill effects.
              All of what Richard said. Even if you don't sue you need to get an investigation done so the next person doesn't suffer permanent aftereffects.
              David

              The chief cause of failure in this life is giving up what you want most for what you want at the moment.

              Comment

              • Russianwolf
                Veteran Member
                • Jan 2004
                • 3152
                • Martinsburg, WV, USA.
                • One of them there Toy saws

                #8
                The Anesthesiologist left before she was awake? That in and of itself is not right. His job is to put someone under and bring them back out.
                Mike
                Lakota's Dad

                If at first you don't succeed, deny you were trying in the first place.

                Comment

                • Ed62
                  The Full Monte
                  • Oct 2006
                  • 6021
                  • NW Indiana
                  • BT3K

                  #9
                  Originally posted by Russianwolf
                  The Anesthesiologist left before she was awake?
                  Yes he did. He said it would take time because of her age (68).

                  Ed
                  Do you know about kickback? Ray has a good writeup here... https://www.sawdustzone.org/articles...mare-explained

                  For a kickback demonstration video http://www.metacafe.com/watch/910584...demonstration/

                  Comment

                  • Ed62
                    The Full Monte
                    • Oct 2006
                    • 6021
                    • NW Indiana
                    • BT3K

                    #10
                    Originally posted by Richard in Smithville
                    Your wife might be alright but if they are up to no good there should be an investigation before anyone does get hurt.
                    She wanted to just let it go, but that's exactly what I told her.

                    Ed
                    Do you know about kickback? Ray has a good writeup here... https://www.sawdustzone.org/articles...mare-explained

                    For a kickback demonstration video http://www.metacafe.com/watch/910584...demonstration/

                    Comment

                    • JoeyGee
                      Veteran Member
                      • Nov 2005
                      • 1509
                      • Sylvania, OH, USA.
                      • BT3100-1

                      #11
                      I know you're not one to sue for money, and I agree with you, I wouldn't either. That being said, I would consult an attorney. You could sue for information, or ask for an investigation, even if you are not asking for monetary damages. You need to find answers and prevent this from happening again.

                      The only money I would take is for your legal fees. If there is any form of settlement, donate it to a charity of your choice.

                      You're a good man for not profiting off of this, even if it is a legitimate cause.
                      Joe

                      Comment

                      • Uncle Cracker
                        The Full Monte
                        • May 2007
                        • 7091
                        • Sunshine State
                        • BT3000

                        #12
                        I'll add one more voice to the chorus. Even if you are not in a litigious frame of mind, you should not have to pay for the services that were clearly negligent. You should offer the offending anesthesiologist the option of clearing your account in writing, or facing the much more serious repercussions of getting your attorney and his insurance carrier involved.

                        Do not sign anything that indemnifies the anesthesiologist, as you do not want to limit your options if something in the way of a lingering or delayed problem results from the mis-application of the medication.
                        Last edited by Uncle Cracker; 10-08-2008, 08:48 PM.

                        Comment

                        • Pappy
                          The Full Monte
                          • Dec 2002
                          • 10490
                          • San Marcos, TX, USA.
                          • BT3000 (x2)

                          #13
                          Ther eare many law suits filed that should not only be thrown out without being heard, but the lawers fined heavily for wasting the courts time.

                          This does not fall into that category. Two medical professionals screwed up and the surgeon lied about why he changed the procedures. They should be held accountable for their actions.
                          Don, aka Pappy,

                          Wise men talk because they have something to say,
                          Fools because they have to say something.
                          Plato

                          Comment

                          • herb fellows
                            Veteran Member
                            • Apr 2007
                            • 1867
                            • New York City
                            • bt3100

                            #14
                            You have to remember that lawsuits are not just punitive, they are a preventative against conduct like this occuring again, by either these people or others.
                            If there are no consequences to his actions, there is no reason for him not ot do it again, or for others to follow suit.

                            I think it is actually your responsibility to sue him to prevent this from happening in the future.

                            If you have a moral or other problem making money from this, donate the proceeds to a charity.

                            In addition, this will document what went on in case there are any future problems. You say there are no lingering effects, thank God, but it is only a month out. You're quite likely 'in the clear', but it never hurts to have things on record, just in case.

                            The best to you and your wife.
                            Last edited by herb fellows; 10-09-2008, 06:05 AM.
                            You don't need a parachute to skydive, you only need a parachute to skydive twice.

                            Comment

                            • Gator95
                              Established Member
                              • Jan 2008
                              • 322
                              • Atlanta GA
                              • Ridgid 3660

                              #15
                              Originally posted by Pappy
                              Ther eare many law suits filed that should not only be thrown out without being heard, but the lawers fined heavily for wasting the courts time.

                              This does not fall into that category. Two medical professionals screwed up and the surgeon lied about why he changed the procedures. They should be held accountable for their actions.
                              What he said. Honestly, I'd be absolutely FURIOUS that someone ordered unnecessary anesthesia on my wife by lying about what her primary doctor ordered, and even more pissed that the Anesthesiologist screwed it up and overdosed, then left.

                              I get pissed enough that I get billed seperately for each service involved and have to sort it out afterwards (wife had minor surgery a few months back). I can't imagine how I'd react in your situation.

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