Bad Surgery

There was a message on this board praising the works of Dr M at.  I am sorry to report that my husband died as a result of complications due to peritonitis caused by the colon leaking at the site of incision and then eventually tearing and pouring fecal matter from into his stomach and eventual poisoning his whole system.  This happened only two days after the surgery performed by this doctor.  My pleas were ignored when I asked for the doctor to check him out.  Instead, he would send his  residents who would come in and listen when I told them he was exhibiting serious symptoms and something was seriously wrong.  They said they were reporting everything to Dr M but he did not come in to see him until five days after the surgery when he was near death.  My husband spent 20 days in the ICU dept during his two month stay at the hospital. He was septic.  He was critical.  I spent every day and night by his side caring for him.  I would never recommend this doctor to anyone.      

I would get all my facts together and be in a position to sue this doctor. If the facts are as you state them, and it sounds like they are, I would sue.  What caused the leakage?  Was it a surgical error.  What did the doctors report to him during those critical days? Etc.

Arnold is right.  And I would also contact the Records Department at the hospital and get copies of ALL records as soon as possible.  Just in case things happen to get "lost". 

I kept a journal during the whole time my husband was hospitalized.  I was constantly trying to get this doctor to talk to me and also the people who assisted him during the operation.  They were all told not to speak to me evidently because they would avoid me at all costs.  I asked the doctor why he gave my husband solid food two days after this surgery and he said it was standard procedure. However, there was another patient with the exact same operation by another surgeon and he had food withheld for eight days and he left the hospital.  He had cancer of the colon with mets to the liver the same as my husband.  My husband's symptoms developed after the food was ingested. I was out of his room when they brought the food to him and when I returned and saw him eating solids, I was horrified but it was too late at this point.   Maybe the staples misfired when they made the closure and the solid food added insult to injury.  Dr M told me that there was food and fecal matter gathered around the incision.    Maybe it was not Dr M who performed the surgery and/or the closure.  Maybe one of the residents did the closure.  I don't know.  No one would speak to me and they called in so many doctors on the case and kept me in the dark.    There is so much to this whole story that suggested  negligence and sub-standard care.  They did nothing to help my husband and he kept getting worse.  When he died I contacted three different lawyers who seemed interested in the beginning but told me later that it was too complicated and would cost too much money and they would not handle the case.  I know the limits in a medical malpractice case and I certainly did not want to sue for money and I was willing to donate any monies awarded to charity just to seek justice for the unnecessary death of my husband and to make sure this terrible action by this doctor was documented.  I only have two years from his death to find a lawyer and a year has passed already.  I did get all the medical records from the hospital and there are inconsistencies in the report and I would think someone would handle this case.  For one thing, Dr M never could find the polyp when he examined my husband before the operation and there is no mention of him ever finding it.  The expense due to the peritonitis was very high, and the HMO insurnace companies are notorious for refusing treatment.  If only someone would have spoken to me and explained what happened and if the insurance company did refuse, then I would have wanted to find a doctor that would help him and I would have paid out of my own pocket, even it it took all of our life savings and the rest of my life to pay it back because my husband did not deserve to die. 

 

On 5/26/2008 madhatter wrote:

I kept a journal during the whole time my husband was hospitalized.  I was constantly trying to get this doctor to talk to me and also the people who assisted him during the operation.  They were all told not to speak to me evidently because they would avoid me at all costs.  I asked the doctor why he gave my husband solid food two days after this surgery and he said it was standard procedure. However, there was another patient with the exact same operation by another surgeon and he had food withheld for eight days and he left the hospital.  He had cancer of the colon with mets to the liver the same as my husband.  My husband's symptoms developed after the food was ingested. I was out of his room when they brought the food to him and when I returned and saw him eating solids, I was horrified but it was too late at this point.   Maybe the staples misfired when they made the closure and the solid food added insult to injury.  Dr M told me that there was food and fecal matter gathered around the incision.    Maybe it was not Dr M who performed the surgery and/or the closure.  Maybe one of the residents did the closure.  I don't know.  No one would speak to me and they called in so many doctors on the case and kept me in the dark.    There is so much to this whole story that suggested  negligence and sub-standard care.  They did nothing to help my husband and he kept getting worse.  When he died I contacted three different lawyers who seemed interested in the beginning but told me later that it was too complicated and would cost too much money and they would not handle the case.  I know the limits in a medical malpractice case and I certainly did not want to sue for money and I was willing to donate any monies awarded to charity just to seek justice for the unnecessary death of my husband and to make sure this terrible action by this doctor was documented.  I only have two years from his death to find a lawyer and a year has passed already.  I did get all the medical records from the hospital and there are inconsistencies in the report and I would think someone would handle this case.  For one thing, Dr M never could find the polyp when he examined my husband before the operation and there is no mention of him ever finding it.  The expense due to the peritonitis was very high, and the HMO insurnace companies are notorious for refusing treatment.  If only someone would have spoken to me and explained what happened and if the insurance company did refuse, then I would have wanted to find a doctor that would help him and I would have paid out of my own pocket, even it it took all of our life savings and the rest of my life to pay it back because my husband did not deserve to die. 

I have to disagree with you ..My husband had his surgery done by Dr. Marks 3 years ago .He took my husband from stage 4 cancer to Cancer free .His  First surgery was 12 hours long  he also did his revesal 6 months later.And I can assure you that Dr. M Never left my husband alone in the operating room for one min.He is a  Teaching Dr. and teaches his technique all over the World. I couldn't even imagine what you are thinking , but sometimes things do happen and It is sometimes Not the Dr.'s  who is at fault but just simply put things happen for a reason .I have met many people in Chemo Camp that are M patients and I have to say that every one YES EVERYONE praises him for the work that he does ..I am sorry for your loss but the facts remains ..They Do not give food until your body is ready for it .Did you know that Many people whom are turned down by other Dr.s and told to go home and Die ..come to Dr. M and he takes on cases that nobody wants.. Why Because he cares and he has the knowledge and the technique to make a difference in the Horrible World of Cancer ....Everyone is so "SUE "happy these days and they think that by sueing the Dr.s they will live Happily ever after ..Well that's not  the  way to have people cured of the disease ..Doing your research and going to the best Dr's is what gets you cured.. AND DR. M IS THE BEST THERE IS !!!!!!

 

On what point do you disagree with me?  It is a known and documented fact that my husband had peritonitis as a result of the operation. There was no doubt about this.   I am so glad that your husband survived stage 4 cancer and that Dr Marks was instrumental in saving him and actually reversing the stage 4 cancer. I wish him continued good health.  However, it still remains that the doctor did not save my husband. The operation destroyed all his chances of survival.  You mentioned a reversal 6 months later on your husband.  I assume you mean that he had an ostomy done and later had it reversed.  This was not the case with my husband.  He had laparoscopic surgery with an ostomy implemented immediately.  This is what this doctor specializes in.   The peritonitis was a result of the staples coming loose and tearing of the colon.   My husband led a very healthy, strong and disease free life until several months before the operation when he was diagnosed with colon cancer.  I saw my husband go from a trusting, intelligent, patient, warm, loving and compassionate human being to a frightened person who wanted to know why this happened.  His analytical mind wanted answers.   I left my job to be at his side day and night and I fought for him constantly. Your comment about the body being ready for food depends on one test only:  the ability to pass gas.  That being said, it does not identify any possible tears in the colon or staples/stitches that might have come loose. Yes, I did my research and learned about Dr Marks being “the best” and that is why we went to him.  It is so painful losing a loved one who exhibited so much love to all and to have to look at your children and bear their pain along with your own.  Your reference to suing is inaccurate.  Most people sue to obtain justice for a wrong that has been done.  This does not in any way replace the grief, it does not replace the person, and it certainly is not a remedy for “living happily ever after”, but it makes the person who did the wrong accountable for what they have done.  You must also know that it is very difficult to sue for medical malpractice and there is a cap.  You are talking about very little money if there is any awarded to the victims. Over ninety percent of these cases are refused.   When someone places their life in someone hands and puts all their trust in professional expertise, they don’t expect to die as a result of negligence.  There is not a day that goes by that I do not mourn for this beautiful person that I have loved and lost.  The only thing they cannot take away from me is a life full of beautiful memories that will live on forever.    

 

Have you thought about filing a formal complaint with the medical board?  These days, I think doctors are more unnerved by a medical board complaint than they are about threatened med mal lawsuits; particularly if they are found to be negligent - instead of just paying out money, their medical license will be on the line!

Something to think about...

I made a mistake when I said my husband had an ostomy implemented immediately.  I meant to say originally he had no ostomy, only closure of the colon where the sectioning was made.  When they took him to the operating room for the second time and found the peritonitis, that is when they decided to place an ostomy (bag) on stoma which is the colon extended to the outside of the body. 

 

On 6/3/2008 in Search of Answers wrote:

Have you thought about filing a formal complaint with the medical board?  These days, I think doctors are more unnerved by a medical board complaint than they are about threatened med mal lawsuits; particularly if they are found to be negligent - instead of just paying out money, their medical license will be on the line!

Something to think about...

 

Thank you for your advice.  I will have to look up information on this.  I was wondering if I would need a lawyer?

You do not need a lawyer to file a complaint with the medical board.  Search the internet to locate the medical board in your state and follow links for filing a complaint.  It should give you detailed instructions to follow.

I filed a detailed, written complaint with the medical board in Texas.  I also attached all pertinent medical records, which it sounds like you already have.

Good luck!  Let me know if you have any other questions.