Question: A friend of mine underwent a kidney transplant. After the transplant it was discovered that the organ, which she recieved from her hubby, had CMV, a potentially deadly illness. She was not told of this, but was simply given medicine to, as she was told, "Prevent CMV". Thinking this was normal in transplants, she did not question the doctors. Later, she learned that the organ was not tested prior to insertion and that, indeed, the medical team discovered this post-surgery. Now, my friend is pregnant, and the CMV has recurred. She is in an active phase of the illness and may have to terminate the pregnancy due to this, something about birth defects. I do know that there is a statute of limitations in PA of 2 years for malpractice (but there is an exception for "damages not found immediately", which pick up on the SOL at the time of discovery). I think the doctors acted negligently for not running this test prior to the transplant THEN not informing my friend of this honestly, rather, they tried the cover thy butt attempt by medicating her. This will, most likely, cost her this pregnancy. Anyone with any ideas of what can be done to ensure that this does not happen to anyone else? What are the legal options, should she pursue them, if any? My friend is heartbroken over this - she's inconsoleable and feels responsible. Any advice would be greatly greatly appreciated.
Posts: 14 | Location: Philadelphia, PA USA | Registered: 06-03-02
Medical malpractice insurance premiums have now risen to the point where doctors are quitting/retiring in droves. We have lost about 50 in my town already.
Your friend should consult a personal injury attorney at once, and go by what s/he says. Many will give an initial consultation free, and many malpractice suits are handled on a contingency basis: you don't make anything, the lawyer doesn't, either. In 1966 I had a child who died, when I consulted an attorney he said, "There's no money in dead babies." Today, thankfully, the courts recognize the value of children.
Catty (and good luck to her)
Posts: 3826 | Location: Olympia, WA, USA | Registered: 06-04-02
Tell your friend that she is 'no' way responsible for this. She need to have a free consultation with an attorney, that handle medical malpractices cases. He can tell her if the doctor was negligent.
Posts: 6717 | Location: Land of Lincoln, USA | Registered: 07-04-02
In a situation as vital as a kidney transplant, before the operation one should have a second opinion and attempt to read up on the procedure. Before any surgery, one should also ask what can possibly go right--and wrong.
It may not be too late for a second opinion in that there may be a doctor who will sit down and now answer questions which the patient failed to ask prior to the surgery. Usually, a late second opinion will yield the result that a patient is experiencing post-surgery anxiety due mainly to a lack of knowledge. In the example, it seems that it is not correct to assume that just because the donated organ has a life-threatening disease, it will cause damage. After all, it did not cause damage in the donor! At one time, I had an operation without a second opinion, got one after the operation, and was immediately relieved of any anxiety. I do believe that in this thread's example, the main cause of the anxiety is a simple need to know--and this need to know is from another doctor, whose second opinion would be very likely trustworthy. I also think that this is the way that a good malpractice attorney would proceed--to first get that second opinion. As for a malpractice trial, experts appear, but the jury decides on the facts of a particular case. This noncase's facts are not clear at this time, and maintaining an increasing level of anxiety without relief is not the answer. Request a consultation with a kidney specialist as soon as possible, and I do hope that insurance will pay when complications are suspected by a pregnant patient.
[This message was edited by tsaeb on 02-16-03 at 02:17 AM.]
