Patient suing hospital after tongue tie clipped in her baby

[TulipsAndSunscreen]

http://www.nbcnews.com/news/us-news/...g-baby-n515886

What do you guys think? MD admitted the mistake so an error was definitely made.

[Thirteen]

Don't they always tell you not to admit fault?

Additionally, while unnecessary surgery on a baby is a frightening thought... It was a tongue tie clip.
Maybe I'm a total witch, but I'm not seeing the "tortured child" portrait here.


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[spotty_dog]

Additionally, while unnecessary surgery on a baby is a frightening thought... It was a tongue tie clip.
Maybe I'm a total witch, but I'm not seeing the "tortured child" portrait here.

Right, I'm pretty torn. On the one hand, I know how strongly I felt about the staff not doing ANYTHING to my baby without my explicit approval. Frankly, I would have flipped my shit if they'd so much as given my babe a pacifier without asking -- that is MY babe and you don't MESS with someone's baby. On the other hand, like you said, it was a tongue tie. The docs and/or nursing staff maybe need a slap on the wrist and to figure out some new policies so this doesn't happen again, but suing for "unspecified damages" sounds like a cash-grab.

[scrub-jay]

First off, the physician calling the room and saying sorry? That is not how that should've gone. The doc, risk management team, and possibly the hospital ceo (or high level executive) should've come IN PERSON to facilitate this conversation. I'm not pulling this out of thin air, this is how DH's institution handles these situations. Then there is a root cause analysis and ongoing discussion, the impacted family is included in the entire process. In patient safety (and healthcare quality) this type of error is not considered a one-man error, but a failure of the system.

[SoonerTexan]

I'm curious though--did the kid actually have a tongue tie at all?


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[TulipsAndSunscreen]

I wouldn't be happy but I agree that the "tortured child" situation and suing for damages is too much. Both of mine were clipped and cried for under a minute.

Also, he must have had something for them to clip, right?

[Thirteen]

Adding: I asked the floor ped to put in a request for a clip, and he didn't think it was a problem. Neither did the lactation consultant. I pushed, for my own kid, and got nowhere.

I had to pay for a clip myself, find someone who did it locally, and pay out of pocket when he was 8 days old.

What hospital performs cosmetic procedures like this, even accidentally, on newborn babies?


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[ladymoreta]

Adding: I asked the floor ped to put in a request for a clip, and he didn't think it was a problem. Neither did the lactation consultant. I pushed, for my own kid, and got nowhere.

Same here. The lactation consultant and my pediatrician kept telling me to wait and wait, and we ended up finally getting it done when I scheduled it myself 3 weeks after she was born. I cried every time she nursed. It was miserable.

That said, I couldn't imagine the hospital performing a procedure on the wrong patient and not being sued. That's just the way the system works now. I've read that when a physician personally apologizes, the patient is less likely to sue or for as much. Since they knew they were at fault, I think that was the right move.

And I don't mean to sound callous. If she didn't want the tongue tie clipped, it shouldn't have been. But it's also fortunate that it was such a low risk procedure, and I'm glad her baby was okay.

[spaz]

. I've read that when a physician personally apologizes, the patient is less likely to sue or for as much. Since they knew they were at fault, I think that was the right move.

.

Don't have any thoughts on the story, but wanted to chime in here. My husband STRONGLY believes that he should tell the truth of whatever happens and be up front. He would rather do that than be seen as trying to cover something up. For the most part, that has worked out very, very well. His patients trust him. He hasn't had nearly the suits that many others have had.

That said, the lawsuit that he was a part of was one where his PA missed something. (Long story I don't want to get into.) He went in to the couple and explained exactly what happened. Unfortunately, this miss ( along with some risky behavior on the patients part) caused problems. Hubby's lawyer wasn't thrilled that he had done such a detailed explanation, but understood. My husband says he would do it again. He believes the patient needs to know. He is a man of integrity.

[MDPhDWife]

Don't have any thoughts on the story, but wanted to chime in here. My husband STRONGLY believes that he should tell the truth of whatever happens and be up front. He would rather do that than be seen as trying to cover something up. For the most part, that has worked out very, very well. His patients trust him. He hasn't had nearly the suits that many others have had.

That said, the lawsuit that he was a part of was one where his PA missed something. (Long story I don't want to get into.) He went in to the couple and explained exactly what happened. Unfortunately, this miss ( along with some risky behavior on the patients part) caused problems. Hubby's lawyer wasn't thrilled that he had done such a detailed explanation, but understood. My husband says he would do it again. He believes the patient needs to know. He is a man of integrity.

I read this story to my DH yesterday and he basically echoed what Spaz said. In fact he had just come from the OR and told me about a near miss that just happened. DH marks the eye that is being done pre op, but when the surgical team drapes the eye, it usually covers up the mark my DH made. Yesterday my DH happened to be in the OR while the team was doing their draping and caught that the nurse was prepping the wrong eye. Thank goodness he caught that, but I can see how mistakes can happen if you're not completely focused and double checking the support staff. Doctors are human and mistakes are human nature. This doctor should have come in person to talk with the mom, but if I give him the benefit of doubt, maybe he wanted to call ASAP and a phone call was faster if he wasn't on site anymore? I think if I was the mom and the doctor came in along with the risk management team and CEO, I would have taken the apology as insincere and more as a CYA tactic. I think by the doctor approaching first and being sincere and honest, this decreases the odds of being sued.

[TulipsAndSunscreen]

I agree. If a "management team" showed up in my hospital room, I'd be way more suspicious.

[scrub-jay]

Patient suing hospital after tongue tie clipped in her baby

The CEO and risk management team doesn't just show up for an apology. They are there to start the conversation of what is happening to make sure the adverse event never happens again. They are there so the family is completely involved in that process. The conversation would probably start with: "first off, you will pay nothing for this entire visit." Then an apology, and explanation of what a root cause analysis is and how it'll help identify where the system failed (why didn't nurses double check? Why did no one confirm the procedure with the parents?) In the patient safety world, it is not the responsibility of ONE person to protect the patient, it's the whole system. The management team is there to say "this is wrong, this is important, and here's how we (patient/family included) are going to fix this" This isn't a random idea, you can learn more about these patient safety protocols from IHI (Institute for Healthcare Improvement) If anyone is interested I can go back over my coursework and find the data that shows how this methodology significantly DECREASES the number of malpractice suits.

[MrsC]

The CEO and risk management team doesn't just show up for an apology. They are there to start the conversation of what is happening to make sure the adverse event never happens again. They are there so the family is completely involved in that process. The conversation would probably start with: "first off, you will pay nothing for this entire visit." Then an apology, and explanation of what a root cause analysis is and how it'll help identify where the system failed (why didn't nurses double check? Why did no one confirm the procedure with the parents?) In the patient safety world, it is not the responsibility of ONE person to protect the patient, it's the whole system. The management team is there to say "this is wrong, this is important, and here's how we (patient/family included) are going to fix this" This isn't a random idea, you can learn more about these patient safety protocols from IHI (Institute for Healthcare Improvement) If anyone is interested I can go back over my coursework and find the data that shows how this methodology significantly DECREASES the number of malpractice suits.

Absolutely! You know a lot more about it than I do but I don't see this as being just his fault at all.

With the last procedure I had, I was asked to verify my name and date of birth by no less than 8 different people (physicians and nurses) before I even got to the OR. Then I'm sure my wrist band was checked several more times. This seems like a massive failing in their protocols.
Even if the instinct is to apologize right away, and I can understand why it would be, he shot himself in the foot legally. Now they have a scapegoat and I'm betting that's easier to handle than an admittance to a huge failing of their system.

ETA: I do think this was a horrible mistake and wouldn't fault anyone for suing, even if it was a minor procedure.

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[scrub-jay]

Patient safety focused institutions don't see an error like this as physician-fault, it's a system failure. It's a different mentality. It's VERY important that errors not be EVER blamed on an individual because there can't be fear of retribution when an error or issue is submitted for review. Anyone can point out an issue -- from janitorial staff, nurses, physicians hospital volunteers. Since no one is at fault, it's not personal, but instead pointing out and fixing the process. [MENTION=1310]MDPhDWife[/MENTION] For example, that "near miss" your husband caught would've also been considered an incident where a root cause analysis and process improvement was necessary to make sure such an error never made it that far again.

[spaz]

Ah, but in my husband's mind, the fault is ALL his... I cannot tell you the amount of stories.. He sees himself as the buck stops here kind of person, so he is responsible for EVERYTHING that happens on his watch.