To Sue or Not to Sue

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andy21
Posts: 376
Joined: Tue Jun 26, 2012 4:07 pm
Location: N California

To Sue or Not to Sue

Postby andy21 » Fri May 08, 2015 3:49 pm

To Sue or Not to Sue, that is the question.

My dad had a nasty nurse, who when he was very weak and 2 months from passing away, was extremely rude to him.
She would rip his bandages in a most un callous way and say and do other things which still hurt me.
As an example, one time my dad needed something and asked one nurse, this nurse just replied in front of my dad that he has to learn to be patient, in a most rude way. My dad was just shocked and kept quiet.
When a patient who has been very strong all his live is suddenly at the mercy of unknown people, it is imperative for those people to show him love and respect.

On the other hand, there were at least two other nurses who took lovely care in that time of extreme need.

Should I sue that Nurse and doctor for being negligent in their care? Shouldn't the cancer center Nurses be trained to treat patients with extra care?
Any one else had similar experiences?
Last edited by andy21 on Fri May 08, 2015 4:36 pm, edited 1 time in total.
Caregiver: To 67 Yr father
diag. Stage IV, 5/12, liver mets
6 cycles Xelox/Avastin, Start 06/12
Stage 1 of Two Stage Resection Surgery in Dec, 12. 2nd line fails.
T Cell Trial May-Jul, 2013
Becomes a Heavenly Angel in August, 2013

Val*pal
Posts: 860
Joined: Sun Feb 10, 2013 1:24 pm
Facebook Username: Valerie Barkus Kantner
Location: Metro Detroit, Michigan

Re: To Sue or Not to Sue

Postby Val*pal » Fri May 08, 2015 4:36 pm

I'm not a litigious person, so my two cents worth of advice is not to sue.

However, I do think it's important that you make peace with this. Have you thought of tracking down these nurses, getting their names, and having a meeting with them and the head of the hospital? You definitely should let them know that this occurred and should never happen again. At the very least, they should be disciplined.

I never witnessed my husband being mistreated at any point during his hospitalizations for colon cancer. However, I did over hear (via phone) a nurse aide being extremely disrespectful to my mom when she was hospitalized and helpless. I should have pursued that, but I didn't. Shame on me.
DH dx'ed May '11, age 62
Jul '11: resection Stage IV
10/11: 6 mo Folfox
8/12:thyr canc, surg/tx
2/13: peri mets
2/13: Firi/Avas
6/13: Ok
8/13: break
10/13: Lung, peri, mets
10/13: Firi/Erb
1/14: Erb Fail; spread
5/14: Tx stopped
6/20/14: At rest

Nik Colon

Re: To Sue or Not to Sue

Postby Nik Colon » Fri May 08, 2015 5:23 pm

Not sure what to say, butt definitely report them! So sorry for your experience, that is just wrong!
Last edited by Nik Colon on Fri May 08, 2015 8:57 pm, edited 1 time in total.

midlifemom
Posts: 1358
Joined: Wed Jan 15, 2014 10:58 am
Location: NJ

Re: To Sue or Not to Sue

Postby midlifemom » Fri May 08, 2015 5:28 pm

I would suggest filing some sort of complaint against the nurse.
Good luck coming to peace with this.
Stage 3 cc - dx Jan '14 age 53, cea 2.9
t2n2m0, KRAS mutant, MSS
Folfox Feb - Aug '14
Nov '14 cea 27.7 -2 liver masses
Dec '14 left lobectomy and HAI
Jan '15 FUDR and FOLFIRI
Aug '15 fudr done, liver clear, add avastin for lungs. Cea 4.3
Feb '16 CEA rising
May '16 2 wk break then drop Iri for 6 weeks.
Jul '16 cancer grew, constricted main bile duct. Stent inserted. On break till jaundice clears. CEA climbing. Doing reduced Folfox. Allergic to Oxali.
Sep'16 chemo failed. Trial or hospice?

localyokal
Posts: 22
Joined: Wed Mar 27, 2013 5:06 pm

Re: To Sue or Not to Sue

Postby localyokal » Fri May 08, 2015 5:30 pm

When I was recovering from my colon resection I had a CNA who copped an attitude with me daily. One day she was giving me a sponge bath, she got mad cause she was working late due to my visitors and she threw the towel down onto my incision really hard. It hurt real bad but I kept my mouth shut but in hindsight I should have sued the hospital for everything they had.

andy21
Posts: 376
Joined: Tue Jun 26, 2012 4:07 pm
Location: N California

Re: To Sue or Not to Sue

Postby andy21 » Fri May 08, 2015 5:47 pm

When I was recovering from my colon resection I had a CNA who copped an attitude with me daily. One day she was giving me a sponge bath, she got mad cause she was working late due to my visitors and she threw the towel down onto my incision really hard. It hurt real bad but I kept my mouth shut but in hindsight I should have sued the hospital for everything they had.


localyokal , that was really over the top.
I wonder if it's because of bullying among Nurses:
http://well.blogs.nytimes.com/2010/02/1 ... ully/?_r=0

Nurses eat their young. The expression is standard lore among nurses, and it means bullying, harassment, whatever you want to call it. It’s that harsh, sometimes abusive treatment of new nurses that is entrenched on some hospital floors and schools of nursing. It’s the dirty little secret of nursing, and it needs to be publicly acknowledged, and just as publicly discussed, because it’s keeping us down.
Caregiver: To 67 Yr father
diag. Stage IV, 5/12, liver mets
6 cycles Xelox/Avastin, Start 06/12
Stage 1 of Two Stage Resection Surgery in Dec, 12. 2nd line fails.
T Cell Trial May-Jul, 2013
Becomes a Heavenly Angel in August, 2013

justin case
Posts: 4269
Joined: Sun Sep 04, 2011 8:26 am
Location: Katy, Texas

Re: To Sue or Not to Sue

Postby justin case » Fri May 08, 2015 6:02 pm

I was in ICU, and complaining of pain. My wonderful nurse from Ethiopia, described how her husband, had to carry her 20 miles to the nearest facility on foot. Why are you complaining? She then changed my IV in my hand, went through the vein, and waited to just before shift change to turn on the flow :shock: It took 1 1/2 hours for the morning nurse to see my hand puffed up like a balloon. I was told by my surgeon He had reported it, and the nurse would probably be asked to leave. Then he said, "Unfortunately, there is a nursing shortage, and she will have no problem getting another job at a new hospital, as early as tomorrow"
Michael
7/11 diagnosed Stage 2 colon and rectal cancer
chemo/rad
lar/temp ilio
Reversal & port removal
21 round of chemo Folfox 9tx, 5fu 12 tx
Last treatment July 2012

Nik Colon

Re: To Sue or Not to Sue

Postby Nik Colon » Fri May 08, 2015 6:08 pm

I had one NA who was a little rude when I was in the hospital recovering from my recent surgery. I told my main head nurse right away the next morning when she came in. She was talked to and told she was not allowed to go in my room after that. Everyone else was great tho :)

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John72
Posts: 340
Joined: Fri Jan 28, 2011 3:06 am
Location: Los Angeles

Re: To Sue or Not to Sue

Postby John72 » Fri May 08, 2015 6:31 pm

The problem is I don't think you have recoverable damages. So suing would be rather pointless.

Other than that, I think others have provided some good advice.
7/13/10 CC
7/23/10 -3C RC, 7cm,15/33 lymph nodes
8/31/10 5 1/2 weeks of radiation + Xeloda
11/12/10 6 rounds Oxy + Xeloda
3/25/11 Finished chemo
6/15/11 Colostomy reversal followed by infections
9/05/14 Clear CT scan

cathy123
Posts: 665
Joined: Sat Nov 08, 2014 3:36 pm

Re: To Sue or Not to Sue

Postby cathy123 » Fri May 08, 2015 6:31 pm

I don't think you should sue, but I would definitely report her to the hospital. That is just not ok.
Cathy

Diagnosed 10/14 low rectal cancer age 43
Clinical T2NXMX
Radiation/xeloda 12/14-1/15
LAR with temp Ileo 3/15
pT2N0M0, lymphatic invasion 0/37 nodes
4 xelox, 1 xeloda only
Reversal 9/15
Mom to 9&11 year olds

Sandy1962
Posts: 33
Joined: Tue Dec 11, 2012 10:52 pm
Location: Atlanta, Georgia

Re: To Sue or Not to Sue

Postby Sandy1962 » Fri May 08, 2015 7:02 pm

I don't think you have a case for a few bad comments, if everyone sued over words the court system would be worse than it is now. I definitely think you should report someone that maybe shouldn't be in direct patient care, butt it would be your word against theirs.
4/11/2012-Colonoscopy-Adenocarcinoma
4/12/2012 CT Scan-1 Liver Met-Stage IV
4/17/2012 Port In -5FU & 5 Weeks Radiation
6/17/2012 Surgery - Removed Rectal,Liver Tumor, & Gallbladder
7/17/2012 CEA <0.5
12/16/2013 PET Clear CEA <0.5

justin case
Posts: 4269
Joined: Sun Sep 04, 2011 8:26 am
Location: Katy, Texas

Re: To Sue or Not to Sue

Postby justin case » Fri May 08, 2015 7:57 pm

One last comment. Everyone blames insurance and hospitals for the exorbitant charges we receive. The number of false claims of malpractice suits, have made being a doctor, a very wary adventure. A doctor I know, who had a very lucrative clinic, in KC, retired at 50, as the malpractice insurance was at $1,000,000 a year. This was in 1974! When I find a healthcare provider, I'm unhappy with, I change. It has become harder to sue a doctor, and it's getting even harder, to find a doctor who thinks outside of the box, because of lawsuits.
Bro Nut
7/11 diagnosed Stage 2 colon and rectal cancer
chemo/rad
lar/temp ilio
Reversal & port removal
21 round of chemo Folfox 9tx, 5fu 12 tx
Last treatment July 2012

User avatar
Rasputin
Posts: 73
Joined: Mon Jan 05, 2015 7:32 pm
Location: Dayton, Ohio

Re: To Sue or Not to Sue

Postby Rasputin » Fri May 08, 2015 8:10 pm

I was the last surgery done on a Thursday night, and it started two hours late. All the docs left after it was over (my surgeon, his assistant, a new resident, and a Urologist). I woke up with an ostomy, no idea if it was permanent or not, no idea if they got all the cancer. Laid there for 14 hours with no idea what they did to me.

Doctors got an earful, and the survey from the hospital reflected the doctors' neglect.
Dec 07 50 y/o 'scope dx CRC
Jan 08 surgery took 7" colon 7" in. T1N0M0 NED
09-13 'scopes NED
Nov 14 CT thumb sized mass near surgery outside colon
Dec 14 PET, biopsy dx malignant, no mets
Jan/Feb 15 25X Xeloda, radiation
4/9 LAR, perm. ostomy, cancer remaining?
5/22 start 8X XELOX
NED

justin case
Posts: 4269
Joined: Sun Sep 04, 2011 8:26 am
Location: Katy, Texas

Re: To Sue or Not to Sue

Postby justin case » Fri May 08, 2015 8:25 pm

Rasputin wrote:I was the last surgery done on a Thursday night, and it started two hours late. All the docs left after it was over (my surgeon, his assistant, a new resident, and a Urologist). I woke up with an ostomy, no idea if it was permanent or not, no idea if they got all the cancer. Laid there for 14 hours with no idea what they did to me.

Doctors got an earful, and the survey from the hospital reflected the doctors' neglect.

I really find it hard to believe, you were not told an ostomy may be needed. Oh yes, my oncologist didn't think so! Butt, my surgeon thought it needed. I saw the surgeon, on Saturday, and he came back on Sunday, to see how I was. I will bet :roll: :roll:
The first thing you did, as I did, was to feel for the bag after surgery :shock: :shock:
You knew it would be there, just as I.
The surgeon probably saved your life, what you make of it now,
is your decision.
Bro Nut
7/11 diagnosed Stage 2 colon and rectal cancer
chemo/rad
lar/temp ilio
Reversal & port removal
21 round of chemo Folfox 9tx, 5fu 12 tx
Last treatment July 2012

peanut_8
Posts: 2340
Joined: Sun May 25, 2014 1:31 pm

Re: To Sue or Not to Sue

Postby peanut_8 » Fri May 08, 2015 10:16 pm

Andy, I'm really sad to hear of your Dad's mis-treatment. Although I can't actually recall this myself, when I was in the ICU, I had a nurse that was mean to my family, and told them I was not going to make it. We ended up reporting her to the administration, and hopefully they can re-train her to be more compassionate. Otherwise, she should be reassigned. I think your best course would be to speak with administrators of your concerns. Patents should not have to deal with un-compassionate staff. I am all for suing when it is justified, butt IMO this is not a case for litigation. Please report the nurse.
peanut
female, diagnosed Jan 14, RC stage 2a, age 56
MSS
April 14, 28 chemo/rad with Xeloda
June 14 adjuvant Xeloda 6 rounds
currently NED


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