It's seems pretty clear to me that the infection of my back wound while at inpatient rehab at DCMH was the result of inelegance. Sure infections happen, and they happen through bad practice, bad luck, or some combination of events.
My concern is not the infection occurred. My concern is the staff non-reaction to it. When I arrived I had a dry, healing wound. A few days later it began to ooze fluid and blood. A few days later the fluid was clearly pus, and from what I'm told (I could not see my back) the wound was an ugly and obviously infected site.
It turns out, as is usually the case in these postop infections, the worst of the infection was hidden, a layer or two of skin down. It was also growing rapidly in all directions including towards my spinal cord.
During the period of roughly six days from when the infection first made itself visible to the final stage of a serious and rapidly spreading dangerous infection, the only care I received was twice a day dressing changes and every now and then cleaning of the surface with sterile solution prior to the new dressing being applied. In most cases it was off with the old and on with the new.
The result of the failure to deal with the infection was another operation under general anesthesia, probable further nerve damage in my spinal cord, and an extra 4 to 5 weeks in a hospital. The extra month has made my knee rehabilitation, which was halted so my back could be repaired much more difficult. The back that my back was opened a second time has certainly at best hugely slowed the recovery of the nerves in the affected area and has possibly caused permanent damage to my lower legs.
The prognosis for nerve recovery varies depending on to whom I talk. I suspect some of the "diagnoses" I get may be an attempt to deflect me from what has happened. I have no idea who I could go to for a completely honest assessment, as everyone, when they hear what happens, wants to be far from my situation as they can get.
I've not yet spoken with a lawyer. I don't know why not, expect that I have such negative feelings about tort lawyers. I believe for the most they do not seek justice for their clients (and don't get it either), and fail to realize that their personal fortunes and money are not the best solutions to the events they rail against.
It seems clear to me that I've suffered damages and that the damages were caused by negligence. However, I don't know who is responsible or most responsible or jointly responsible. I fear that a suit would spread a net so wide that many innocent people and parties would be drawn in and that those responsible would escape or get away very easy. That's not fair and that's not justice and that would not please me even a little bit. That's so, even if I were to get a lot of money as a result. I know that fairness and justice are not one and the same in our legal system. I wish that was not the case but it clearly is the case.
However, the damage is ongoing and does impose financial costs on me. I did not cause the damage. Indeed, if my wife had not seen the infection and forced the issue, I doubt if I'd be writing these words now. The infection very nearly got into my spinal cord. If it had, death was an clear option and very severe disability the most likely prognosis. I'm very lucky to have escaped that fate.
I did get the name of lawyer who does not handle malpractice, but would listen to me and tell me what he thought and provide names. He’s a friend of a friend of one of Hilary's coworkers. I never called him.
I've looked at the ads in papers for tort attorneys and since they're ads, some of them seem reasonable.
At heart I don't like the idea of a shark, but a part of me says, rather strongly, not to do things half way. If I decide to sue, I should go for the best.
Still the question nags me: what's the best? Do I want a lawyer who will try to get some huge settlement or do I want some sense of restraint. I've seen very many doctors, and very many medical practices. I don't want every last one dragged in just because it might enhance the settlement.
I have a hard time putting a price on my damages. It's not breathtakingly huge, but it's tiny either. I strongly suspect that some of my problems — problems that developed in the course of my medical care since May 15th — will bedevil me for the rest of my life. No matter how long that may be. My problem is trying to figure out what portion of those problems was caused by the failure to see and treat the infection until it required the severe intervention it wound up requiring. I accept that who and what caused the infection can never be determined and never will be known.
Am I entitled to anything for th what DCMH did or didn't do? What happened not only could have killed me, but would have killed me, had not there been a fortuitous intervention by a third party (my wife, Hilary) who by chance was present when a nurse changed my dressing. I'm very aware of that. I don't have nightmares over that, but those facts are towards the front of all my thoughts. I've never been much of a diarist, but I feel driven to write this account. It certainly is good for my mental state.
I don't know how long I can wait to make a decision. Certainly I'm well within the allowable time frame. I really should talk to a lawyer, even if it costs me money, I need to define my options better. When I actually have better facts I can make a better decision.
Right now I think I'll decide to sue, if I can find a lawyer who doesn't offend me too much. But I won't be happy about it.
[Postscript 2012] A lawyer eventually looked at the records the hospitals deigned to provide and informed me that in his opinion I could not show enough damage had been done to make a suit worthwhile. With relief I thanked him, paid the small fee requested, and simply let the issue go away. I've never had a moment of regret at not suing anyone.]