Possible Malpractice????

[Wally]

My daughter was hospitalized in the pedicatric unit of the hospital for a kidney infection.  They did all the blood work upon admitting us to the hospital.  The second day we were there two other women came into the room from the lab and said they were there to take my daughters blood.  They were extremely rude to my daughter who is only 4.  After the procedure, which I had to leave the room, because I was having a panic attack, I was in with my daughter who was extremely aggitated and upset.  My daughter and I talk to her dr. about what happened and come to find out it was all a mistake, the lab people were suppose to take blood from another child in the pediatric unit, but took my daughters instead.  The dr. appologized to us about the mistake, but no one else did.  It was very tramatic for my daughter and for me.  My daughter absolutely FREAKS out when anyone mentions a shot or taking blood.  We were hospitalized for 4 days this happened on the second day of hospitalization.  What they did was not right, what can I do?

I appreciate all your help,

Cathy Bolin

Mt. Vernon, MO

[piaras91]

Yours is a case that illustrates why medical malpractice statistics are faulty. Yes, your daughter did suffer a malpractice by the hospital. But because no real 'damages' occurred, no record will be made of this malpractice. Like your case, most malpractice cases are never reported. Nothing will be done to correct the hospital actions. Errors of identification are common and can cause serious injuries to TWO patients, and are matters that the hospital is solely responsible for.

What you should do is to write a report to the licensing bureau in your health department outlining in simple words what happened. Type this report giving dates and if possible names, and make it no longer than one page double spaced. Your Hospital Licensing Bureau will be listed in your State Capitol's Listing under Health Department. When you send this unemotional fact only report to the Bureau send a copy to the administator of the hospital. You may not hear anything after this, but a report will have been filed under that hospital's name. If later someone has a serious injury as the result of a similar complaint, perhaps the lawyer will be able to use your information.

Meantime if this situation arises again for one of your family, see a lawyer and ask for help filing a lawsuit against the hospital. The lawsuit will go nowhere unless the patient had a serious injury, but again a public notice will be created that later lawyers can use in a lawsuit against the hospital.