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Back in 2005 I had a Nissen Funduplication Lapriscopy to my…

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Back in 2005 I had...
Back in 2005 I had a Nissen Funduplication Lapriscopy to my stomach for severe acid reflux disease. I made it clear to the pre op doctor what medicines I was allergic to. After the surgery, I was prescribed and took a medicine that was a worser version of the medicine that I told the pre op doctor I was allergic to. I suffered a very serious life threatening allergic reaction to this medication. I took photos and have a copy of the original prescription and pre op report. As a treatment, but not a cure I was told to continue taking Benadryl. Still to this day I suffer outbreaks from the damage done by this mishap. And according to my copy of the surgical report, my surgery has left me in a worse condition than before the surgery. Is there anything legally that I can do as I am left in a condition that has left me with very offensive breath, not from lack of hygiene, but because of what was removed in my digestive track, and my not being told about this?
Submitted: 6 years ago.Category: Personal Injury Law
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3/4/2012
Personal Injury Lawyer: P. Simmons, Attorney replied 6 years ago
P. Simmons
P. Simmons, Attorney
Category: Personal Injury Law
Satisfied Customers: 36,956
Experience: 16 yrs. of legal experience.
Verified
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

If this was malpractice? If they prescribed the medication in error?

Then you can be compensated for this mistake.


To successfully sue for medical malpractice, you must meet four part test:

1. A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. They have a "duty" to treat you with "due care". This is typically easy to prove.

2. The duty was breached - the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitur or 'the thing speaks for itself'). This is often the tough part...since you have to prove, with expert testimony, that, basically, the doctor messed this up...that they were "negligent".

3. The breach caused or aggravated an injury - The breach of duty was a proximate cause of the injury. If you can show they messed up, its often easy to the next step...that the mess up caused the injury. Not always, each case is different, but certainly if you can show they messed it up, you are well on your way to show that the mistake caused the injury. In your case, you have to show the medications caused the injury.

4. Damages - Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.

This is often the second hardest part to prove, since you need to have serious injury to convince an attorney to bring the case.

Based on your description, it appears you may indeed have a case. If you can show that they gave the wrong drug and that caused your current medical problems you have a strong case.

Talk to a local attorney who can review the entire case with you and help you proceed
P. Simmons
P. Simmons, Attorney
Category: Personal Injury Law
Satisfied Customers: 36,956
Experience: 16 yrs. of legal experience.
Verified
P. Simmons and 87 other Personal Injury Law Specialists are ready to help you
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Customer reply replied 6 years ago
Thank you. Unfortunately, as I was instructed by the pre op doctor not to let the Gastrology doctors rush me out of the hospital after the surgery, this is exactly what happened. There was no further xray or other procedures to see if the Nissen wrap was as it should be. I don't know what happened after the chief surgeon left the operating room(my medical report says that he was there for the main part of the surgery). I was not told if there were interns assisting in this surgery. The obvious failure to read my pre op report by the doctor prescribing me post surgery medicines, show that if he would have read the report, that he would have learned that in 2003 I was prescribed Oxycodone for pain after breaking my arm in a machine at work. I reported to the hospital staff that I was having an allergic reactio to the Oxycodone, and I was informed to stop taking it. The medicine Zydone(as it states on the original prescription and bottle) is another brand of Hydrocodone. This medicine is what caused me to have an allergic reaction from the top of my head to the top of my feet. I do have the original prescription(the doctor failed to put the amount of pills for me to take), pill bottle, and photos of the reaction on my body. I have been concerned if there has been damaged done to my insides. Not having medical insurance, I really don't know what or if seriuous problems have developed as a results of this Zydone. My life has forever been changed since all of this happened in March of 2005. Just breathing is more of a challenge. I try not to talk to people face to face, because I've been told the smell of my breath is comparable to feces. This had given people at my former place of employment a reason to tease and make fun of me. I know I will never have another relationship(or possible marriage). I'm not even sure if I will ever have another job. I am living an absolute nightmare!
Personal Injury Lawyer: P. Simmons, Attorney replied 6 years ago
I am sorry for this mess. I hope you can receive some compensation.

The one issue you may have is the statute of limitations. Typically you have to bring such a suit within 2 years. So you may want to start talking to local lawyers to see if you can still bring this action
P. Simmons
P. Simmons, Attorney
Category: Personal Injury Law
Satisfied Customers: 36,956
Experience: 16 yrs. of legal experience.
Verified
P. Simmons and 87 other Personal Injury Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Yes, I remember about the Statutes of Limitations. It's too bad that medical professionals have this help when they need it, but patients who are left as victims due to their negligence have no help outside of a 2 year protection plan.
Personal Injury Lawyer: P. Simmons, Attorney replied 6 years ago
Agee. But in some cases the statute will toll or not run...so talk to a local attorney to see if that may apply to your case

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