Septicemia

[Martinco]

A very traumatic time for me !

A friend of mine had to have a relatively small op done on his shoulder to have a muscle defect rectified by an orthopedic surgeon in a local private hospital and in the process got infected with some virus/bacteria.
This turned into septicemia and after about 3 weeks he died from infection.
The operation was one of these non invasive operations where a few small holes were made in the shoulder area and the muscle repaired.
He spent most of the time after the op in and out of ICU obviously running up a huge bill.
Well to cut the story short, his wife is obviously in quite a state and I want to try to give her the best advice possible.
This hospital used to be one of the better ones but as of late many reports have been made that it is in chaos and certainly not clean/sterile.

Do you think that she might have a claim against a) the surgeon and b) the hospital by going through these attorneys claiming that they take up medical malpractice suits and work on a "no winn-no cost " basis. I do not think after this she has any funds left to sue the doctor and/or hospital on her own.
To take a case like this to the Medical council imo. will not serve any purpose.

[Dave A]

Plain and simply shocking!

...by going through these attorneys claiming that they take up medical malpractice suits and work on a "no winn-no cost " basis.

Certainly worth a shot if she can't afford to hire a lawyer.

I should think the action would be initiated against all parties and they'd have to try to get themselves removed as a defendant if they are able.

I wouldn't dismiss approaching the Medical Council on this either. They wouldn't deal with the civil claim, but they do have to investigate and respond to the complaint, and any adverse finding or action by them would be of benefit to the complainant's civil action.

[Martinco]

Thank you Dave,

Obviously as much info on this would be highly appreciated.

[AndyD]

Sorry to hear about the death of your friend Martin. My condolences to yourself and his family.

[Martinco]

Thanks Andy....much appreciated.

[Nigel Hamilton]

There are plenty lawyers who will take on this type of case, and take a cut of the payout

http://www.personalinjury.co.za/content/index.cfm?navID=3&itemID=3&gclid=CLSc747mgqoCFcEJtAodkmmDyQ

[mother]

Martin, my sincere condolences. I can imagine what an horrific shock this must be. It is terrifying to think that a minor non-invasive procedure can go SO wrong!

I know some surgeons who work in provincial hospitals, and the stories they have told me would leave you breathless! So absolutely yes, she must take legal action against every possible person/institution involved, because someone or something is definitely to blame here.

[adrianh]

Martin, I think the harsh reality is that there is nothing going to come of such an action. I do not believe that the doctor can be held responsible becauase he would attribute the infection to the hospital /theatre and not to any action on his part. (He walks in, does the operation using the hospitals equipmet and walks out) Secondly, when one signs all those papers to agree that the operation be performed within the hospital you are not only informed of the risks but I am also sure that you sign your rights away in case something like this happens. I am also sure that the doctor informed him of possible risks.

Look it is sad that it happened but the reality is that things do go wrong with operations. The reasons are not always clear cut and one individual can't always be held responsible.

Whether its right or wrong is not the issue, I think that doctors and hospitals cover their butts extremely well!