LizinVA
Joined: 22 Nov 2003
Posts: 1
Posted: Sat Nov 22, 2003 2:30 am Post subject: Plea for Help in filing lawsuit
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I am in desperate need of everyones help here. Here is my problem.<
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>Back in December of 01, my husband passed away as a result of a cardic arrest. When we got him to the ER his potassium was 2.2 and he was placed on life support, which he never came off of. He died December 15, 2001.<
>I had posted about this patient back when all this first happened. This is the patient who went to dialysis on a Monday and had a pre potassium of 4.8 and a post of 2.9. These results were called to the doctor and no changes were made for his Wednesday treatment. Wednesday was the day he had the cardiac arrest.<
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>Back in January of 02. I went to see an attorney to see if we could file a lawsuit. This attorney sat on the file for almost 11 months and then told me there was nothing we could do because we did not have an autopsy and there was no way to prove the cause of death. My husbands medical records were never reviewed by a Doctor just a nurse in his office. <
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>Several months later, I obtained another local attorney who did have the records reviewed. This is where the problem comes in. (I am trying to be as
ief as possible here so I don't loose anyones interest). This Doctor originally gave me hope that we would have a case because in his first letter he stated "I agree that it is quite plausible (patients name) succumbed to a hypokalemic arrhythmia or an acute ischemic arrhythmia aggravated by hypokalemia).<
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>He went on to say "if in fact (patients name) had a post-arrest potassium of less than 2.5 and if he ran during his dialysis of 12-05-01 with a potassium bath of either 1 or 0 mEq/L, then the dialysate would have been inappropriate and possible culpable." "The dialysis run sheets that I reviewed indicate the (patients name) was running on a 2.0 potassium bath.<
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>I then pointed out to this Doctor that the patient was in fact running on a 1K for the first 2 hours and then a 2K for the remainder of the treatment. I also advised this doctor that my husband was taken Kayexalate, one tablespoon a day. (This was prescribed by the doctor many months ago when his potassium was out of control but when my husband got his potassium back under control, he was never taken off of this potassium lowering agent)<
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>Here is the problem, even after I have shown this Doctor where to find the orders for the 1K and 2K he does not believe that the doctor violated the standard of care.<
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>The attorney has told me that I may contact this doctor myself to discuss how he came to the opinion he has. I have sent him a very long detailed letter yesterday and will try to catch up with him the first of the week. <
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>The letter is very long and if anyone is interested in taking a look at it so that they would be able to provide any assistance, I would be happy to email it to you since it is sooooo long.<
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>Here are two paragraphs from the letter: While it is true that (patients name) was being treated for hyperkalemia in the past, it appears to me that after reviewing his potassium leveles, his levels were back to an acceptable range in the early part of November. The highest level since November 5, 2001 was 5.4. In addition to the potassium levels being back in the acceptable range, (patiensts name) was loosing weight which the Doctor was fully aware of. (patients name) disclosed to his doctor on several occasions that he was suffering from a loss of appetitie and not eating. His diet change had
ought his potassium level down. As you will recall, the pre potassium level of 4.8 was on a Monday. That alone should have indicated to the doctor that (patients name) food consumption had decreased causing him to come in with such a low potassium level for over a weekend.<
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>From my perspective, (patient name) doctor had other options. Had the doctor taken the time to review (patients name) current prescriptions, she could have suspended the 1.0 mEq/L, requested tht the nurse call the paitent to advise him of the low potassium level, or order the patient to stop the Kayexalate. It's possible that any of these actions could or would have prevented my husband's death that day.<
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>I am really trying to plead my case with this doctor to be an expert witness for us so that my attorney will take on the case. I have received a letter from the attorney which states in part "I am sorry that I cannot be of assistance to you in this cause. Please remember that the statute of limitations runs on your claim on December 4, 2003, so if you intend to press your claim you must do so before that date."<
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>I am looking for opinions as what to do at this time. And if anyone else feels we have a case.<
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>I appreciate any input anyone can add. Thanks in advance for your help.<
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My Thoughts
Joined: 22 Nov 2003
Posts: 1
Posted: Sat Nov 22, 2003 3:39 am Post subject: Low Pottasium
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I think it's going to be difficult. There's many factors and issues that will be addressed and that you can address....<
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>For example, your husbands diet and the dietitions support. Another factor is whether he has diabetes or not......there's simply a combination of factors that may have triggered your husbands death. If your husband just started dialysis or just has little time since he started dialysis and the dialysis staff has not educated both of you on how to manage the diets then there's a possible case there. It's their responsibility to educate patients ono their diets and to identify complications and solutions.<
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>...But again, once going to court it will be much more complicated than just the pottasium issue......
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hd patient
Joined: 22 Nov 2003
Posts: 4
Posted: Sat Nov 22, 2003 5:08 am Post subject: Had same problem
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My K got too high one month so the doctor said I should either go to a 1K (I was 2K) or take Kayexelate. I had heard that kay. was horrible tasting stuff andcaused terrible diarreah, so I opted for the 1K. <
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>My first tx on the 1K I had a very hurtful tx. It felt like my electrolytes were all messed up and I felt very uncomfortable and sick from it. I told the nurse and the doctor, but they never understand how I feel. They have no concept of what it feels like when the tx is out of balance and usually don't have the faintest idea why. They insisted I stay on the 1K until labs came in. <
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>I went 3 txs on the 1K feeling sick as a dog. When my labs came in, I think my K was 4.2. I had been seeking information from another medical source as I contended with all of this since my doctor and nurse were so aloof and gave me no indication they were watching my case carefully. <
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>My alternate source told me to be sure to discontinue the 1K before my K dropped too low. If I had not had this guidance, I could of possibly died as my doctor and RN certainly were not watching things. It is difficult to believe that they were not watching something this important, but they were out of sight out of mind. <
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>There is no telling how many patients wind up dead, because this was a an important thing in my case, but no one was watching it. I didn't know how dangerous it was at the time and if I hadn't gotten the correct info when I did, I could of been a statistic. I am an observant patient, but most patients are not so they are truly sitting ducks. <
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>If my K had dropped too low resulting in my death and my family lost me, I can just imagine how my doctor would make it look like he had nothing to do with it. What is a patient supposed to think when one's staff and doctor are so lackadasical? I mean they will not pay attention to you and let you get hurt or die? <
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>It's crazy, but I know when a medical person truly cares about me and when I am just signs to them. Patients need to be aware as this is how easily one can lose one's life. <
>If I am concientious and narrowly missed losing my life, I can just imagine how many patients who weren't alert are deceased now and how much doctors like mine are covering up. It's hard to fathom, because we are
ought up to respect doctors and medical people, but I have well learned that these are people like anyone else and they have problems and are not all responsible and ethical.<
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>I'm sorry to hear what happened to your husband and I hope you are
able to pursue this legally. I keep a careful log in case there is any impropriety with my care, so my family will have documentation if anything happens to me and be able to sue. I am always looking for info on how to legally deal with unethical medical people as someone has to stop them. I hope that in this day and age, that more patients will become proactive and not allow unethical medical people to trample their rights and their lives.
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DEO
Joined: 13 Mar 2003
Posts: 12
Posted: Sat Nov 22, 2003 7:06 am Post subject: Lawsuits
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We are not a referral service<
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> We advocate for a solution first. If a clinic does harm, then the patients will be given a list of attorneys. Our position is to resolve the issue first.That serves both parties.<
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>Dialysis facilities have been sued, they usually settle out of court with gag orders. We have two cases in California that we have helped with that are in Federal court. It appears that the first round was won.<
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>We have trained the attorneys that have existing cases to understand the ins and outs of this industry. They contact us.<
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>But our job is ultimately to advocate for solutions. Most cases are resolved, others patients have been given names of attorneys to contact. <
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>The reason is that the attorneys are expensive. We have seen a trend where they will sit on a case until the statute has only a month or so. We have helped locate an attorney for that patient in Texas. That is still in the deposition stage last I heard.There are 3 now in Texas and one is about to be filed. We would prefer a win win for everyone and sometimes the patient needs to have someone listen, and we do. If we are asked for help we will help to resolve issues. Hopefully it ends there.<
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>Our postion has always been one of advocating for a fair solution for all involved. If the clinics have been unjust, then we will provide names. But we have nothing to do with the patients once they go to the attorneys. It is their choice, and we will help with the attorneys when asked.<
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>More lawsuits are on the horizon though.<
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>You may contact us if you feel that we can help you. The contact numbers and E-mail are on the home page.<
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>Arlene<
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If your serious
Joined: 22 Nov 2003
Posts: 1
Posted: Sat Nov 22, 2003 8:03 am Post subject: it would seem that you would contact DEo
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I would suggest you call Arlene.
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To Liz
Joined: 22 Nov 2003
Posts: 1
Posted: Sat Nov 22, 2003 9:23 am Post subject: Call me
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at 360-721-6477, I lost your number! I know your case, and call me...Arlene
