Legal Question in Medical Malpractice in Virginia

Is there a case?

Patient had Gastric Bypass Surgery with untreated Sleep Apnea, which was listed in pre-op records. She did not know that anesthesia and morphine worsens apnea. After surgery she was given morphine. Normally, patients seeking this surgery where OSA has been suspected are sent to a sleep lab for a sleep study. This was not recommended to patient. Patients with this condition usually spend the first night after surgery in ICU hooked up to monitors. She was sent to a regular room on oxygen, but without monitors. The evening of surgery the patient went CODE BLUE. A nurse found her unconscious; she was resuscitated. THEN she was placed in ICU on a ventilator. She was kept on the ventilator and sedated now diagnosed with Acute Respiratory Failure. Six days later a tracheotomy was done. Doing a trach had not been discussed prior to surgery. After that, patient slowly improved. On the 18th day after surgery, even though her oxygen levels were still below normal, she was taken out of ICU and put into a regular room. The next morning she went into arrest again and could not be revived. The autopsy report revealed multiple, bilateral pulmonary emboli with associated pulmonary infarction.


Asked on 10/21/02, 1:48 pm

1 Answer from Attorneys

Re: Is there a case?

You should have all the medical records for that hospital admission and the autopsy report reviewed.

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Answered on 10/21/02, 3:02 pm


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