Does it sound like I have a case for malpractice? (ONCOLOGY)?

I went into surgery with my OBGYN for an 30cm ovarian growth & an oncologist, just in case. The surgery proved that it was ovarian cancer, & it was both ovaries. I was stapled because the incision was so large. I went to have the staples removed, & the RN removed them b/c the oncologist was on vacation. When I was there she told me, "Well at least it wasn't cancer." "Well at least it wasn't both ovaries" "Um, it was both ovaries" she flipped through my file. "Oh at least you can still have kids" "No, actually I can't have kids." About 40 minutes after my incision had completely opened. I begged my mother to take me to the ER instead of back to the RN. But my mother took me back. She packed my stomach & made errors. I went back to see the oncologist & he told me how his RN had screwed up. he ripped the gauze out of my stomach &told me how it sucked that I couldnt have kids. My OBGYN later told me that I couldve healed in days rather than 6 months. I was out of work for 3 months.

The RN (who has a masters...) packed my wound over the height of my skin level. She then padded it with more gauze and put another pad on top of that. Then she told me I needed to wear a girdle to keep it nice and tight. (I am 130 lbs. by the way, was 145 when I went into surgery and 120 when I left the hospital.) I went to see the doctor and he chastised me for how I was taking care of the woud. The oncologist told me that by packing it so high I was unable to heal as quickly, also that so many pads on top of the wound did not allow the wound to breathe, which also impaired healing. And that the girdle pushed the wound together and would cause a lot of excess bacteria to be forced into the wound. He all but called me stupid for doing so. When I told him that HIS nurse told me to do so, he tried to "unsay" what he had just said.

I would say there is plenty of liability on both the part of the nurse, and the oncologist. The RN works under his license, and in many cases, is covered by his malpractice insurance. It is obvious that she did not research your case prior to removing the staples. If the oncologist had been there (instead of on vacation), he would have known your wound had not healed sufficiently to remove the staples. He left that decision to his RN, instead of the physician who was on call and supposed to see his patients in his absence.

You need to contact an attorney that specializes in malpractice cases. They normally work on a contingency basis. They usually don't take cases they can't win. Your treatment was reprehensible. You have substantial damages, both compensatory and punitive, so this doctor and his inept nurse need to pay. Seek counsel as soon as possible to make sure you don't wait too long and have the statute of limitations run out. Many states have a time limit on how long you can wait before filing a law suit. Good luck and I am sorry you went through all of this agony.

Why don't you hire a lawyer and see if you have a case. I would want to hear both sides of the story before judging whether you have a case or not.

Who are you going to sue? The doctor for employing an incompetent (in his words) nurse, or your mother for taking you back to that nurse rather than the ER? Sounds like there may have been mistakes made all around.

As for the healing, if you could have healed in days, you would have. Obviously you couldn't. Are you overweight? That has a direct effect on whether you will heal well or not.

There's a lot of "he said, she said" in your story. You need someone to sort it all out and find the facts of the situation.

****** I just read your additional details. That oncologist doesn't know what he's talking about. A wound does not need to "breathe". Wounds should be kept moist, not permitted to dry out, or they will not heal. Packing with gauze or anything else will not "push the infection" deeper into the wound. We often pack large wounds. If you pack it too loosely, you'll develop problems.
You really need someone to help sort out what actually occured. I don't know if you have a case; a lawyer would have the resources to go over your chart and help you decide if you should pursue a lawsuit.

Yes. Talk to a lawyer. This is a horrible case.

BIG TIME!!! at first RN should not do anything with out doc order!, sec, she should not talk about any informations with you - only DOC! and he give you an answer also - she screwed up! as well as him , she should send you to ER as soon as she saw you with open wound , its to serious to have her decide what would be the best way to take care of open wound specially after that serious surgery , there is also timing - staples were removed to soon , good luck to you

boy it doesn't sound like the woman was really an RN or she would have known what the surgery entailed and should have checked the record/chart! The RN should have not removed the staples and nobody should have made an appt while he was on vacation either, she should have sent you to the ER, it was incompetence/negligence by the doctor to hire this woman, and his staff that booked the appt. Your mom probably figured that the office was familiar with what happened and that was best. IF the obgyn did the surgery why was the oncologist removing staples and stuff to start with, the doctor that did the surgery should have done it. I would consult a lawyer who takes cases probono meaning if you win they get paid out of it, no win they get nothing.

that's really an odd chain of events. First off, nurses don't take staples out unless they have an order. Did she take them all out? Or were some left in. Secondly, the oncologist was unprofessional for stating that to you. He should have researched it first, then informed you if an error was made. Was it that the staples were out, or that the wound wasn't packed to his liking? Was it that you weren't instructed properly? You should have the chain of events exlpained to you, then make a decision about 'suing'. It may not be malpractice at all. And as far as messing up what "you' had vs other patients. that does happen. Sometimes a nurse has so many patients, she may have just mixed up the facts, not the treatment. Good luck, hope all goes well. And was this 'nurse' a nurse practitioner? Nurse practitioners usually have a masters. They function with more autonomy than a regular nurse. I've 'packed' many wounds, and how you describe it is how it's done. Binders are used to help give the open incision support. Wounds are packed so they heal from deep inside, then up. Did you have an infection? That would delay healing. Either way, sounds like an unfortunate experience, and the fact that you have been diagnosed with a potentially fatal illness I'm sure doesn't help.

I agree with everyone who said "YES" get a lawyer. This isn't really part of your question, but I just wanted to say....when picking a lawyer to go after malpratice make sure it is a lawyer that has done this before. I am not sure where you are from, but a hometown small lawyer isn't the man or women for this kind of suit. Research several lawyers before hiring one.

Best of luck to you and I really do believe this is a case that needs to be handle. I am proud of you for standing up for your rights and the way you where mistreated. Too many people play doctors/nurses off as God....and don't follow though when mistakes are made.

Again, Best of luck to you. Take Care ~Cheryl~

Malpractice suits have doubled the cost of medical care in thiss country and diminished the number of physicians willing to deliver babies. I see the gleam of coins in your eyes.

Hey Doc8... malpractice SUITS haven't increased the cost of medical care.... MALPRACTICE has. Too many people becoming Drs. with coins blurring their vision. The oncologist was too busy sipping margaritas in Cancun to be bothered with the health of his patients.

I know a excellent cardiologist who gives his HOME number to all his patients... maybe he gets woken up in the middle of the night, but he is a loving and caring human dr who uses his knowledge to help as many people as he can. Ask yourself someday WHY you became a doc and are you really trying your hardest to help everyone you treat.

P.S. poster, sue him... come up with a reasonable amount that you can feel that you have been fully compensed but not doing it to be rich. Sue for missed time if you had no compensation, just don't go overboard....Doc8 is partially right, but if care was properly given you wouldn't be here. I'm sure Doc8 has sued someone before.