Question
I recently had surgery on L5 and S1 on my back to remove scar tissue and remove bone on the other side as it was pinching a nerve causing severe pain down my right leg to my toes.  This was my 2nd surgery as the scar tissue was from the 1st.  I came out of anesthesia to the seemingly typical removal of a catheter as I awakened, which I find appalling (3 of 10 surgeries this has happened).

I was guaranteed in writing prior to surgery by the PA that I would be given a morphine drip and ALL OF MY DR'S patients that day were equipped with this apparatus in post op, I found out later.  Instead, I was wailing in pain and begging for relief after arriving in my room to which I was given a percocet pill a half hour later and was assured none of Dr. Nguyen's patients were given anything stronger, a blatant untruth.  

I explained that this was not going to help and that my PA guaranteed a morphine drip in my consultation with him several days prior.  I took the pill which might as well have been a placebo.  I was screaming in pain, cursing, uncharacteristicly of me, and begging for relief.  They gave me a dosage of Delotid (not sure how much), but it provided NO relief.  

I cursed them again and demanded, my Dr., the head nurse and the head of the hosptital be in my room ASAP and that I would continue being more than mildly disruptive until I was not NEEDLESSLY suffering.  In the end Dr. Nguyen and the PA showed up and ordered the Morphine drip that my wife explained took 2 hours to be set up on my arrival to my room.  The PA admitted he might not have submitted the proper paperwork.

I was immediately relieved and slept.  My question is whether or not my Dr. should be monetarily responsible for the senseless suffering I endured.  It was incredible and horrific.  

Do I have legal recourse for this matter?  Again, I have been operated on 10 times and NEVER felt this NEEDLESS amount of pain, been lied to and eventually receiving the care originaly promised.  I have never sued any one for any reason, but am thinking maybe I save the next guy if a message is sent that this is unacceptable.

Thank you,

James

Answer
Hi James and thanks for writing,

I'm sorry to hear about the pain your suffered during your recent surgery, it does sound quite unnecessary. Of course you can sue for pretty much anything today and request monetary compensation for your pain and suffering, but going up against a big hospital can be very difficult. If I was you, I would start by writing a letter to the Medical Review Board at the hospital and tell them you are looking for an apology and some sort of guarantee that this will not happen to anyone else - this should wake them up and at the very least have the review that surgeons practice and maybe their own surgical policies and procedures - this will probably carry more weight if you tell them you don't want money, you just want to prevent anyone in the future from experiencing the horror you did.

I hope this helps and I wish you all the best,

Margot