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Photographer
Tim Little Photography
Posts: 11,555
Wilmington, Delaware, US


Hi Y'all. As most of you know I have medical issues and have spent a lot of time in the hospital over the past few months. About a month ago I went in for a skin graft on my lower left leg. I stayed in the hospital for three days after the surgery. My last night there my IV had to be redone. The first member of the IV team came and was upset to see me. I'm what they call a "Hard Stick". It's difficult to find my veins and get a good IV going. Since I've been in the hospital so much she remembers me. She goes about the process of slipping my arms while complaining that another person should have been called. She makes two attempts and gives up. The next person gets it first try.

A few hours later I wake up with a stabbing pain coming from the back of my good leg. I reach back and dig out an IV needle. The first IV nurse left it in my bedding and from my getting in and out of bed and wallowing around it got there and stabbed me. The second IV nurse hit my vein in the first try so there were no used materials left over.

I would let it go except the stick site started hurting and an open wound about the size of a dime developed. I went back to my doctor last Thursday and showed it to him. He sent me to the Emergency Room to be admitted into the hospital. I just got out today.

The wound formed an abscess that had to be opened and drained. Then I was on IV antibiotics. I'm now on oral antibiotics and have a daily wound care routine that includes a topical antibiotic and sterile dressing.

I haven't talked with a lawyer yet. I'm very upset that this happened. It is painful and gross and could get expensive.

What do you think you would do?
Feb 19 13 02:01 pm  Link  Quote 
Photographer
Andialu
Posts: 14,029
San Pedro, California, US


Did you get it documented while you were at the hospital? Meaning is there a paper trail?
Feb 19 13 02:03 pm  Link  Quote 
Photographer
Orca Bay Images
Posts: 32,233
Lodi, California, US


Talk to a lawyer.
Feb 19 13 02:06 pm  Link  Quote 
Photographer
Tim Little Photography
Posts: 11,555
Wilmington, Delaware, US


Andialu wrote:
Did you get it documented while you were at the hospital? Meaning is there a paper trail?

Yes. I have my medical records from that visit and the incident was written up. My nurse was in the room when I removed it from my thigh.

Feb 19 13 02:07 pm  Link  Quote 
Photographer
Andialu
Posts: 14,029
San Pedro, California, US


Tim Little Photography wrote:

Yes. I have my medical records from that visit and the incident was written up. My nurse was in the room when I removed it from my thigh.

Then I'd certainly talk to a lawyer.

Feb 19 13 02:08 pm  Link  Quote 
Photographer
Ed Woodson Photography
Posts: 2,644
Savannah, Georgia, US


Orca Bay Images wrote:
Talk to a lawyer.

^^^^^^

This.


And, you should have brought it to the attention of the nursing staff immediately and had them deal with it.  (Not a legal opinion in any way.)

Feb 19 13 02:10 pm  Link  Quote 
Photographer
Michael Kerrek
Posts: 1,404
Orlando, Florida, US


Stop talking to us, talk to a lawyer. A consultation on something like this shouldn't cost you anything.
Feb 19 13 02:11 pm  Link  Quote 
Photographer
Tim Little Photography
Posts: 11,555
Wilmington, Delaware, US


Ed Woodson Photography wrote:

^^^^^^

This.


And, you should have brought it to the attention of the nursing staff immediately and had them deal with it.  (Not a legal opinion in any way.)

Well, as I said, the nurse was in the room when I pulled it out of my leg. That was when I learned of it. So the nursing staff was aware and examined my thigh. She said it didn't look bad at the time.

Feb 19 13 02:13 pm  Link  Quote 
Photographer
Andialu
Posts: 14,029
San Pedro, California, US


Tim Little Photography wrote:

Well, as I said, the nurse was in the room when I pulled it out of my leg. That was when I learned of it. So the nursing staff was aware and examined my thigh. She said it didn't look bad at the time.

I'd request a copy or your records. If she didn't put it in the chart then I'd say suing would be fruitless. But........ A lawyer would be the one to ask.

Feb 19 13 02:17 pm  Link  Quote 
Photographer
365 Digitals Exposed
Posts: 754
Perris, California, US


did you take a pic with your phone? can you prove she left what you're saying? other than that the other nurses will protect her co worker or institution,denying to see anything at the time of the incident.

no permanent damages to lead you disability?  attorneys  don't like those small cases. unless they see  potential to make good money.
Feb 19 13 02:22 pm  Link  Quote 
Photographer
365 Digitals Exposed
Posts: 754
Perris, California, US


Andialu wrote:

I'd request a copy or your records. If she didn't put it in the chart then I'd say suing would be fruitless. But........ A lawyer would be the one to ask.

this.
normally they don't write those things on a report.  believe me.

Feb 19 13 02:23 pm  Link  Quote 
Photographer
Marc Damon
Posts: 6,562
Biloxi, Mississippi, US


I would call my insurance provider and let their lawyers handle the bill for you having to be readmitted to the hospital through no fault of your own. While they're doing that, talk to a personal injury lawyer and ask what your end of it should be for pain, suffering, emotional distress and anything else you can think to sue for. The insurance company will get the bill zeroed out which should give your personal lawyer an almost automatic win on your end.
Feb 19 13 02:25 pm  Link  Quote 
Photographer
Tim Little Photography
Posts: 11,555
Wilmington, Delaware, US


Andialu wrote:

I'd request a copy or your records. If she didn't put it in the chart then I'd say suing would be fruitless. But........ A lawyer would be the one to ask.

As I said, I have a copy of my records and the incident is in there.

Feb 19 13 02:25 pm  Link  Quote 
Photographer
Orca Bay Images
Posts: 32,233
Lodi, California, US


Tim Little Photography wrote:

As I said, I have a copy of my records and the incident is in there.

Then get off the computer and call an attorney!

Feb 19 13 02:26 pm  Link  Quote 
Photographer
Andialu
Posts: 14,029
San Pedro, California, US


Orca Bay Images wrote:

Then get off the computer and call an attorney!

"Call me, Tim. I'm waiting."

http://www.losanjealous.com/img/larryparker.jpg

Feb 19 13 02:28 pm  Link  Quote 
Photographer
Tim Little Photography
Posts: 11,555
Wilmington, Delaware, US


Oh, I forgot to mention this part. An ER nurse told me that a memo was sent out about two months ago warning of the dangers of not following the Sharps Protocol in disposing of needles. IV needles were included in the memo. So it appears they have some history of this sort of thing.
Feb 19 13 02:29 pm  Link  Quote 
Photographer
Tim Little Photography
Posts: 11,555
Wilmington, Delaware, US


Orca Bay Images wrote:

Then get off the computer and call an attorney!

Well, it's after 5pm here! But I sure do appreciate your powerful persuasion.


Tomorrow I'm calling lawyers!

Thanks everyone!

Feb 19 13 02:30 pm  Link  Quote 
Photographer
hbutz New York
Posts: 3,206
Ronkonkoma, New York, US


You probably signed away your right to sue when you were admitted.  It's standard procedure.
Feb 19 13 02:34 pm  Link  Quote 
Photographer
Patrick Walberg
Posts: 42,654
Salinas, California, US


Tim, I can "feel your anger" in regards to the manner in which that nurse treated you, and rightfully warranted anger at that.  As one who has spent seemingly too many days in hospitals myself, I have seen misconduct before too!  One question I have for you is this;  Are your medical bills as a result of this incident being paid for by you or by insurance?  That will be a factor for an attorney in working out compensation.  Another question is;  How much is your pain and suffering worth in a medical malpractice case?  Those to factors will be the bulk of the law suit, along with the attorney fees.  Your attorney will get about a third of the settlement ... or even half depending on the amount negotiated.  Sometimes hospitals will settle out of court. 

It's something to think about before going forward with a case!
Feb 19 13 02:37 pm  Link  Quote 
Photographer
Connor Photography
Posts: 6,481
Elkton, Maryland, US


Tim Little Photography wrote:
Hi Y'all. As most of you know I have medical issues and have spent a lot of time in the hospital over the past few months. About a month ago I went in for a skin graft on my lower left leg. I stayed in the hospital for three days after the surgery. My last night there my IV had to be redone. The first member of the IV team came and was upset to see me. I'm what they call a "Hard Stick". It's difficult to find my veins and get a good IV going. Since I've been in the hospital so much she remembers me. She goes about the process of slipping my arms while complaining that another person should have been called. She makes two attempts and gives up. The next person gets it first try.

A few hours later I wake up with a stabbing pain coming from the back of my good leg. I reach back and dig out an IV needle. The first IV nurse left it in my bedding and from my getting in and out of bed and wallowing around it got there and stabbed me. The second IV nurse hit my vein in the first try so there were no used materials left over.

I would let it go except the stick site started hurting and an open wound about the size of a dime developed. I went back to my doctor last Thursday and showed it to him. He sent me to the Emergency Room to be admitted into the hospital. I just got out today.

The wound formed an abscess that had to be opened and drained. Then I was on IV antibiotics. I'm now on oral antibiotics and have a daily wound care routine that includes a topical antibiotic and sterile dressing.

I haven't talked with a lawyer yet. I'm very upset that this happened. It is painful and gross and could get expensive.

What do you think you would do?

NO.

I am doubtful any lawyers will take your case unless you fund your own lawsuit.  It sucks but bad thing happens.  Time will heal.  Focus on the positive and move on.  Good luck.

Feb 19 13 02:41 pm  Link  Quote 
Photographer
Connor Photography
Posts: 6,481
Elkton, Maryland, US


hbutz New York wrote:
You probably signed away your right to sue when you were admitted.  It's standard procedure.

Yes, but people will sue anyway.  Signing means nothing especially it is so common practices.

Feb 19 13 02:43 pm  Link  Quote 
Photographer
Andialu
Posts: 14,029
San Pedro, California, US


Connor Photography wrote:

NO.

I am doubtful any lawyers will take your case unless you fund your own lawsuit.  It sucks but bad thing happens.  Time will heal.  Focus on the positive and move on.  Good luck.

So the hospital shouldn't be held responsible for making such a dangerous mistake?

Feb 19 13 02:44 pm  Link  Quote 
Photographer
Patrick Walberg
Posts: 42,654
Salinas, California, US


hbutz New York wrote:
You probably signed away your right to sue when you were admitted.  It's standard procedure.

Oh dang!   I forgot about that!  Tim, what did you sign?

I broke my neck and then 7 weeks later I was in a terrible car crash that nearly killed my mom and me ... I'm telling you ... insurance companies are a pain in the ass to deal with!  We had gotten a lawyer that worked through all the hospital bills, the workers comp, my car insurance, and dealt with them all!  Between my mom and I, there was at least $200,000 in medical bills.  Our lawyer (who is now a judge) explained to us how insurance companies drive the cost of healthcare sky high because they know they are going to have to settle.  He got the medical bills reduced by 85%!!!!  That was important because the driver that caused the accident was under-insured, and I had only $100,000 in uninsured, under-insured motorist coverage.  I only tell you this because my experience with insurance companies has been that they fight you every set of the way!!!!  I'm glad that my mom and I found a good lawyer.  We were taken care of and compensated to our satisfaction. 

However when it comes to suing hospitals for medical malpractice, that is a different story!  No doubt you signed a waiver, and the company that carries the insurance policy for that hospital will fight you every step of teh way!  Is it worth it?  That's for you to decide.  Best wishes!

Feb 19 13 02:47 pm  Link  Quote 
Photographer
Patrick Walberg
Posts: 42,654
Salinas, California, US


Connor Photography wrote:

NO.

I am doubtful any lawyers will take your case unless you fund your own lawsuit.  It sucks but bad thing happens.  Time will heal.  Focus on the positive and move on.  Good luck.

I'm sorry, but I have to agree with you.  At the very best, it will be a hard fought settlement ... and may not be worth all the trouble.  At worse, if a lawyer takes it and loses, it could cost Tim money.

Feb 19 13 02:50 pm  Link  Quote 
Model
Isis22
Posts: 2,519
Muncie, Indiana, US


I would see a lawyer and expect the hospital to pay all charges associated with the IV needle stabbing you in the leg. I am surprised it caused you that much trouble. Are you diabetic?

When I gave birth to my son I refused to allow the hospital to give him a newborn shot that was optional, Hepatitis B. I had that in writing. They gave it to him anyway and that affected his ability to breastfeed because it made him so drowsy. I called the hospital when I found out by the pediatrician that the shot was the problem. They took the cost of the shot off of my bill. I could have sued but didn't.
Feb 19 13 02:56 pm  Link  Quote 
Photographer
Fleming Design
Posts: 1,085
Hartford, Connecticut, US


I don't know what you should do Tim, but you deserve about 10 straight years of nothing but good breaks.
Feb 19 13 02:59 pm  Link  Quote 
Photographer
Andialu
Posts: 14,029
San Pedro, California, US


Patrick Walberg wrote:

I'm sorry, but I have to agree with you.  At the very best, it will be a hard fought settlement ... and may not be worth all the trouble.  At worse, if a lawyer takes it and loses, it could cost Tim money.

Contingency?

Feb 19 13 03:00 pm  Link  Quote 
Model
Gabrielle Heather
Posts: 10,064
Middle Island, New York, US


how did the surgery work out
Feb 19 13 03:16 pm  Link  Quote 
Photographer
Tim Little Photography
Posts: 11,555
Wilmington, Delaware, US


Isis22 wrote:
I am surprised it caused you that much trouble. Are you diabetic?

No, I'm not diabetic but both of my legs are covered in scar tissue from 3rd degree burns. They don't heal up from punctures and cuts the way regular skin does.

Feb 19 13 03:24 pm  Link  Quote 
Photographer
Let There Be Light
Posts: 7,657
Los Angeles, California, US


You took the right first step. Always come to Model Mayhem first for legal advice.
Feb 19 13 03:24 pm  Link  Quote 
Photographer
Tim Little Photography
Posts: 11,555
Wilmington, Delaware, US


Fleming Design wrote:
I don't know what you should do Tim, but you deserve about 10 straight years of nothing but good breaks.

Thank you.

Feb 19 13 03:24 pm  Link  Quote 
Photographer
Tim Little Photography
Posts: 11,555
Wilmington, Delaware, US


Gabrielle Heather wrote:
how did the surgery work out

The surgery didn't go as well as hoped. about 40% of the graft took. The rest of the skin was rejected.

Feb 19 13 03:26 pm  Link  Quote 
Photographer
Looknsee Photography
Posts: 21,381
Portland, Oregon, US


Any a-hole can sue any other a-hole for any reason.  Winning isn't as easy as it appears on TV.  For one thing, the plaintiff (the person who initiates the complaint) has the burden of proof.  I suppose you have some way to prove that things happen they way you said they did?

That being said, here's what typically happens in civil disputes:

...  Your lawyer will get paid.  A lot.
...  Their lawyer will get paid.  A lot.
...  Lawyers, who get paid by the hour, will not be overly motivated to find a
     fair or quick resolution to the dispute.
...  The other side will say nasty things about you.
...  The other side will try to get you to quit.
...  You will lose sleep.
...  You will lose time away from work & family.
...  You will tug on the coats of strangers to tell your story.
...  You may win; you may lose.
...  Win or lose, your lawyer will still want to get paid.
...  Even if you win, you may not recover enough $$$ to pay your lawyer.
...  The dispute will take years.

Of course, big organizations like hospitals might just cut their losses & settle out of court.  Or they might have a stable of lawyers who have to justify their existence by staying involved in legal disputes.


So, if you sue, what do you want to get?
Feb 19 13 03:32 pm  Link  Quote 
Photographer
365 Digitals Exposed
Posts: 754
Perris, California, US


Let There Be Light wrote:
You took the right first step. Always come to llama Mayhem first for legal advice.

LOL smile

Feb 19 13 04:04 pm  Link  Quote 
Photographer
Andialu
Posts: 14,029
San Pedro, California, US


Looknsee Photography wrote:
Any a-hole can sue any other a-hole for any reason.  Winning isn't as easy as it appears on TV.  For one thing, the plaintiff (the person who initiates the complaint) has the burden of proof.  I suppose you have some way to prove that things happen they way you said they did?

That being said, here's what typically happens in civil disputes:

...  Your lawyer will get paid.  A lot.
...  Their lawyer will get paid.  A lot.
...  Lawyers, who get paid by the hour, will not be overly motivated to find a
     fair or quick resolution to the dispute.
...  The other side will say nasty things about you.
...  The other side will try to get you to quit.
...  You will lose sleep.
...  You will lose time away from work & family.
...  You will tug on the coats of strangers to tell your story.
...  You may win; you may lose.
...  Win or lose, your lawyer will still want to get paid.
...  Even if you win, you may not recover enough $$$ to pay your lawyer.
...  The dispute will take years.

Of course, big organizations like hospitals might just cut their losses & settle out of court.  Or they might have a stable of lawyers who have to justify their existence by staying involved in legal disputes.


So, if you sue, what do you want to get?

I have sued a city for an injury and settled out of court. I handed the evidence over to my lawyer and he did the rest. I didn't lose any sleep. It didn't take time away from my family. The other side didn't try to get me to quit. Since my lawyer worked on contingency, if we didn't win he didn't get any money. You guys need to stop persuading him not to go forward. Let him contact a lawyer and see if it makes sense. Even if he doesn't get a cent the hospital needs to be made aware that it happened and someone plans on holding them accountable.

After taking my statement the representative for the city turned the record off and thanked me. He said it is very rate that someone brings a valid suit against the city.

Feb 19 13 04:09 pm  Link  Quote 
Model
Model Sarah
Posts: 39,042
Columbus, Ohio, US


Looknsee Photography wrote:
Any a-hole can sue any other a-hole for any reason.  Winning isn't as easy as it appears on TV.  For one thing, the plaintiff (the person who initiates the complaint) has the burden of proof.  I suppose you have some way to prove that things happen they way you said they did?

That being said, here's what typically happens in civil disputes:

...  Your lawyer will get paid.  A lot.
...  Their lawyer will get paid.  A lot.
...  Lawyers, who get paid by the hour, will not be overly motivated to find a
     fair or quick resolution to the dispute.
...  The other side will say nasty things about you.
...  The other side will try to get you to quit.
...  You will lose sleep.
...  You will lose time away from work & family.
...  You will tug on the coats of strangers to tell your story.
...  You may win; you may lose.
...  Win or lose, your lawyer will still want to get paid.
...  Even if you win, you may not recover enough $$$ to pay your lawyer.
...  The dispute will take years.

Of course, big organizations like hospitals might just cut their losses & settle out of court.  Or they might have a stable of lawyers who have to justify their existence by staying involved in legal disputes.


So, if you sue, what do you want to get?

That's a little dramatic. I'd suspect if it's a hospital they'd settle out of court with a case like this. Most hospitals do not want their name dragged through the media. And I think we all know how much we love to live vicariously through media here.

Regardless, talk to a lawyer and get a recommended one from a trusted person in your area.

Feb 19 13 05:02 pm  Link  Quote 
Photographer
Chicchowmein
Posts: 14,458
Palm Beach, Florida, US


Patrick Walberg wrote:

I'm sorry, but I have to agree with you.  At the very best, it will be a hard fought settlement ... and may not be worth all the trouble.  At worse, if a lawyer takes it and loses, it could cost Tim money.

They would take it on contingency and if he has no real assets he really doesn't have anything to lose.

Talk to a lawyer who specializes in medical malpractice

Feb 19 13 05:05 pm  Link  Quote 
Artist/Painter
Two Pears Studio
Posts: 3,355
Wilmington, Delaware, US


My guess is that you will be hearing from their lawyer... I dont know if you need to sue, but maybe talk to a lawyer
Feb 19 13 05:36 pm  Link  Quote 
guide forum
Photographer
Justin
Posts: 21,808
Fort Collins, Colorado, US


Orca Bay Images wrote:
Then get off the computer and call an attorney!

Indeed.

Let's say you file a lawsuit. One of the questions you would ultimately be asked is, "Who did you discuss this with?"

"Among other people, a bunch of anonymous folks on a modeling and photography forum."

You need to cut this discussion short and talk to someone who can really help.

Feb 19 13 08:32 pm  Link  Quote 
Photographer
Cover ready
Posts: 307
Miami Beach, Florida, US


Let There Be Light wrote:
You took the right first step. Always come to Model Mayhem first for legal advice.

HaHajaha

Feb 19 13 08:35 pm  Link  Quote 
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