I worked this week on two huge and exceptionally boring projects for two
clients. Yesterday, I rose at 4:00 and worked until about 5:00 p.m. on the
last one.
As I was just about to leave my client's office, ready to finally relax, my
client asks me to review something. He is being sued by a former patient
because of a lost left leg. I was spent but I did read the charts and will
read them in greater detail next week. Here is what is immediately
apparent:
The patient was admitted to home health services with a primary diagnosis of
PVD and IDDM following a right below the knee amputation. The wound was not
responding to treatment and the right amputation was revised to above the
knee. Throughout the clinical record, there were references to the fact
that the patient was non-compliant with his diabetic treatment and that he
continued to smoke heavily.
Up until the patient went into the hospital, there was no indication of any
wound to the left foot. Upon discharge from the hospital, there were two
areas of black tissue to the left ankle. At this point, they were
photographed. The eschar eventually sloughed off revealing a stage III or
IV pressure ulcer. Orders were continually revised, the MD was contacted
frequently and in spite of everything, the patient did not respond to
treatment. He continued to smoke and actually went AWOL from the hospital
at one point to go smoke cigarettes.
The last entry in the clinical record was yet another phone call to the
vascular surgeon who wanted to see the patient in the afternoon. From
there, the patient was put into the hospital and subsequently had his left
leg amputated.
The patient is now suing my client for loss of his left leg!!!!!!!
Frankly, I don't know what kind of lawyer would take the case. In fact, the
atty for the plaintiff has not even reviewed the clinical records. In
Louisiana, hospitals and physicians have a process where three MD's must
review the case before filing suit - one for the plaintiff, one for the
defendant and one mutually agreeable to both - to determine if there is
merit. Other health care providers are not a part of this process.
So, here is my client with a totally bogus lawsuit but he is a small
provider and will suffer the burden of legal fees, etc. Even if a counter
suit is filed for legal fees, the plaintiff won't be able to pay them.
And, I won't even tell you how badly I feel that the old joke about not
having a leg to stand on keeps running uninvited through my thoughts.
j