Washington DC Metro Medical Malpractice Lawyer Blog

A newborn and his father are leaving the hospital to go home to an empty house. Just a few days ago, the father and his wife had been filming their departure from that same home to the hospital where the planned induction would occur. They spoke aloud to memorialize the day that their firstborn would arrive. The pregnancy had been uneventful.

The patient was taken to a room where her vital signs and temperature were taken, and there were no signs or symptoms of infection. The unmasked physician arrived and he began the task of administering the epidural anesthetic. The pregnant woman felt tingling and loss of sensation up to her breast line, so the epidural was stopped, as the healthcare provider knew those symptoms were suspicious for inadvertent administration of spinal anesthesia, meaning that the relatively large epidural needle had probably entered the intrathecal space, i.e., the subdural or subarachnoid space. The doctor returned later and the epidural was again placed; however, this time another problem was encountered: when the syringe was pulled back, there was a presence of clear cerebrospinal fluid which is indicative of likely dural puncture and an absence of preexisting CNS infection. The doctor leaves, but his patient remained in pain for several hours until it was discovered that the lines were not connected. Finally, time passes and vaginal delivery was accomplished.

The new parents' excitement was short-lived. Mom was complaining of a headache and she had a fever. Although she had been given Motrin earlier, the headache worsened, and her temperature continued. Family members began arriving at the hospital. Instead of seeing an excited new mother, they witnessed their loved one in severe pain, and they complained to the staff.

During the ensuing 7 or 8 hours, her pounding headache and fever increased, and notations were made in her chart. Percocet tablets, when finally administered, offered no relief. A short time later, she began complaining of swelling in her neck with a tight feeling, pressure in her eyes, and her headache was worsening. Finally, eight hours after giving birth, the house physician came to see her, and immediately informed the patient's obstetrician of the status of this new mother's condition. The obstetrician ordered Benadryl and ampicillin, but as the patient's condition deteriorated even more over the next two hours, the healthcare providers realized that their patient had not received the ampicillin that was ordered. To compound this situation, several additional hours passed without the antibiotics being administered. By now, the patient was exhibiting signs and symptoms of increased intracranial pressure. Her downward spiral could not be reversed and she eventually suffered brain death due to cessation of cerebral blood flow. Absence of cerebral perfusion was confirmed and this woman, who had given birth and never had an opportunity to know her baby, was pronounced dead.

Please return to read Part II - What Went Wrong?

By Gerry Mitchell, Esq. and Sandra L. Thayer, Legal Assistant

Hospitals have responsibilities towards their patients for their administrative, nursing, and medical staff. A hospital does not provide mere room and board; it carries overwhelming medical and nursing obligations for a steady influx of patients, whether in the emergency room, the operating room, diagnostic facilities, physiotherapy and occupational therapy, or any other hospital-based service. In this blog we will go through several of these duties in detail, looking at the circumstances that determine when a hospital is liable to its patients, as well as the kind of lawsuits that can address hospital failures to deliver medical and related services that meet the applicable standards of care.

First, let us consider a fairly typical scenario. Mr. and Mrs. Fox have been married for 42 years, have 3 children and 7 grandchildren. Today, they are very nervous as Mrs. Fox needs to undergo a hysterectomy for uncontrollable vaginal blood loss, years after her menopause. They have been assured the surgery is simple. Mrs. Fox trusts her gynecologist, and has checked herself into the hospital after his assurance of her safety. However, she still worries about the anesthesiology, and wonders whether she will she wake up after the procedure. She also worries about the food, since she has such a sensitive stomach, and about whether she might contract an infection while staying in the hospital. She is also anxious about whether the staff at the hospital will give her the medications she feels she must have.

Indeed, these concerns address some of the many functions and duties of a hospital. The staff must ensure that the doctors you don't select, like the anesthesiologist, are selected carefully and are qualified to work in a hospital. The hosital must have a quality assurance team to make sure that only competent MDs staff the hospital. Mistakes from improperly trained practitioners can kill a patient. The hospital also has the responsibility of making sure the operating rooms are clean and free of virulent bacteria, in addition to supervising healthcare providers' hygienic behavior and conduct. The administrative employees, as well as the RNs who give the patients their medications, are to observe the behavior of patients and visitors. The hospital has an administrative staff that facilitates meetings between MDs, RNs and social services to improve the flow of information and consistency of care. The hospital also has to establish and maintain diagnostic labs to make sure that laboratory work is done in a competent and timely fashion.

What will happen to Mrs. Fox in her surgery? What can go wrong? And how does the hospital's responsibility mesh with MD responsibility? More on that to come!