Soldier has legs amputated due to medical accident....and he can't sue

Danny Tse
Danny Tse Posts: 5,206
edited July 2009 in The Clubhouse
And he can't sue the doctors....

http://cbs2.com/health/medical.mistake.military.2.1092872.html
Soldier Loses Legs In Botched Gallbladder Surgery
DALLAS (CBS) ―

Last week, 20-year-old Colton Read, who grew up in Arlington and who's now in the U. S. Air Force, went to have laparoscopic surgery to remove his gall-bladder at David Grant Medical Center at Travis Air Force Base near Sacramento, reports CBS station KTVT-TV in Dallas.

His mother, Shelly Read-Miller says he wasn't worried. "He said 'mom, this is routine, it's no big deal.'"

But what happened during surgery turned out to be a very big deal.

Jessica Read says around 10 a.m., about an hour into the procedure, "a nurse runs out, 'we need blood now' and she rounds the corner and my gut feelings is 'oh my god, is that my husband?'"

She says his Air Force general surgeon mistakenly cut her husband's aortic valve, but waited hours to transport him to a state hospital which has a vascular surgeon. "It took them until 5:30 to get him to UC Davis. I don't understand."

Because Read lost so much blood during that time, doctors had to amputate both legs. His mother sobbed, "I watched him take his first steps, and now his legs are gone."

Read was still in intensive care as of July 17... And doctors were wary of removing his gall bladder for fear of infection.

Now, his wife says they must keep his spirits up because he knows what happened to him. "When we've been in there he'll say, 'they're gone', and we say 'it's ok though. You made it through the surgery we have your life, thank god.'"

In a statement, Lt. Holly Hess, chief of public affairs at Travis Air Force Base says "We are conducting an exhaustive review with experts from outside David Grant Medical Center, as well as an internal investigation with the goal of ensuring patient safety and quality care at the center."

Read's wife says the doctor admitted it was human error. "All my husband ever wanted to do was to deploy, all my husband ever wanted to do was serve his country... He used to tell me when we had flyovers and they played the national anthem, the chills he would get from the pride that he felt from being an American airman, and this is something an air force doctor has taken from him."

But because of an old federal law called the Feres Doctrine, Read, his wife, and his family members can't sue the military over what happened to him.

Until last November, retired Lt. Colonel Colby Vokey served in the U. S. Marine Corps for 21 years, the past 11 as a judge advocate, or attorney. "To me, it's disgraceful."

Vokey says the original thought behind the law was, "The military would make someone whole.. That if you're hurt in the line of duty, hurt in battle, the military would take care of their own. That's certainly not the case, and certainly not the case with this young man."

A bill is pending in congress that would end this law.

For now, Read's wife says the military may place him on medical retirement... In which he'll likely receive less than half his $1600 monthly salary. "I can't understand why they won't help him when they did this to him."

Friends who serve with Read at the Ninth Intelligence Squadron at nearby Beale Air Force Base have sent him a get well card.

Jessica says she knows she must keep it altogether. "I've made up my mind. I can cry later... Because right now he needs me... He needs me to be strong."
Post edited by Danny Tse on
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Comments

  • hearingimpared
    hearingimpared Posts: 21,137
    edited July 2009
    Wow that really sucks. I wonder if a civil lawyer can get around that rule.
  • F1nut
    F1nut Posts: 50,654
    edited July 2009
    Something doesn't add up. The gall bladder isn't near the heart.
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  • hearingimpared
    hearingimpared Posts: 21,137
    edited July 2009
    It's near the heart but not the aortic valve. The surgeon must have been crosseyed.
  • kawizx9r
    kawizx9r Posts: 5,150
    edited July 2009
    That's horrible, but in all honesty it doesn't surprise me one bit. I'm eligible to receive VA benefits for life but they're exhausting me with all the paperwork and claims that they haven't received anything from me to make my claims legitamate/etc. Military is horrible for helping those out that have served, even if it's the military itself that has caused harm and grief to those who served. Sorry if I went on a rant, but I'm just glad that there are a few organizations that help those in need, and people who show their support. As a 24 year old disabled vet, I hold my hat off to him and all those who have served and continue to serve until this day.
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  • F1nut
    F1nut Posts: 50,654
    edited July 2009
    I thought it was down by the liver.
    Political Correctness'.........defined

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  • hearingimpared
    hearingimpared Posts: 21,137
    edited July 2009
    It is. The liver wraps around behind the heart.
  • SolidSqual
    SolidSqual Posts: 5,218
    edited July 2009
    That is the saddest medical story I have ever head. The sheer irony of the situation is insane. Where are the tort attorneys crying foul and ready to fight for the little guy. Ugh.
  • SolidSqual
    SolidSqual Posts: 5,218
    edited July 2009
    F1nut wrote: »
    I thought it was down by the liver.

    Is this diagram correct? The gall bladde seems kinda far from the aorta. I'm with you on this one F1.

    human_organs.jpg
  • hearingimpared
    hearingimpared Posts: 21,137
    edited July 2009
    Yep that is correct but with the laproscopic surgery these days they go in from different angles. Looking at the diagram again the liver and the pancreas are actually higher up behind the lungs and heart. The aorta also runs straight down into the stomach area.
  • F1nut
    F1nut Posts: 50,654
    edited July 2009
    Geez, I had to brush up on the human anatomy. Looks like they have to be talking about the abdominal aorta.

    Sad indeed.
    Political Correctness'.........defined

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    President of Club Polk

  • hearingimpared
    hearingimpared Posts: 21,137
    edited July 2009
    F1nut wrote: »
    Geez, I had to brush up on the human anatomy. Looks like they have to be talking about the abdominal aorta.

    Sad indeed.

    Definitely. However, I didn't know there was an abdominal aortic valve.
  • F1nut
    F1nut Posts: 50,654
    edited July 2009
    However, I didn't know there was an abdominal aortic valve.

    Good point.
    Political Correctness'.........defined

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  • Ender
    Ender Posts: 603
    edited July 2009
    No, civil lawyers can't get around that law... because it's a law. It's a very clear law that does not allow for different interpretations.

    It was basically put into place so that the horrible medics and 'doctors' that the military tends to use to operate on their soldiers need to be protected or else none of these medics or doctors would be willing to be liable for surgeries and such that need to be performed in hazardous combat zones. Without willingness to operate, there would be no immediate medical help for soldiers.
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  • SolidSqual
    SolidSqual Posts: 5,218
    edited July 2009
    Ender wrote: »
    No, civil lawyers can't get around that law... because it's a law. It's a very clear law that does not allow for different interpretations.

    It was basically put into place so that the horrible medics and 'doctors' that the military tends to use to operate on their soldiers need to be protected or else none of these medics or doctors would be willing to be liable for surgeries and such that need to be performed in hazardous combat zones. Without willingness to operate, there would be no immediate medical help for soldiers.

    I understand the law. That being said, I've seen some attorneys achieve outstanding results by lobbying the legislature and other holders of the purse strings to achieve justice where the courts fail.
  • SolidSqual
    SolidSqual Posts: 5,218
    edited July 2009
    HOW IS LAPAROSCOPIC GALLBLADDER REMOVAL PERFORMED?

    * Under general anesthesia, so the patient is asleep throughout the procedure.
    * Using a cannula (a narrow tube-like instrument), the surgeon enters the abdomen in the area of the belly-button.
    * A laparoscope (a tiny telescope) connected to a special camera is inserted through the cannula, giving the surgeon a magnified view of the patient's internal organs on a television screen.
    * Other cannulas are inserted which allow your surgeon to delicately separate the gallbladder from its attachments and then remove it through one of the openings.
    * Many surgeons perform an X-ray, called a cholangiogram, to identify stones, which may be located in the bile channels, or to insure that structures have been identified.
    * If the surgeon finds one or more stones in the common bile duct, (s)he may remove them with a special scope, may choose to have them removed later through a second minimally invasive procedure, or may convert to an open operation in order to remove all the stones during the operation.
    * After the surgeon removes the gallbladder, the small incisions are closed with a stitch or two or with surgical tape.

    WHAT HAPPENS IF THE OPERATION CANNOT BE PERFORMED OR COMPLETED BY THE LAPAROSCOPIC METHOD?

    In a small number of patients the laparoscopic method cannot be performed. Factors that may increase the possibility of choosing or converting to the "open" procedure may include obesity, a history of prior abdominal surgery causing dense scar tissue, inability to visualize organs or bleeding problems during the operation.

    The decision to perform the open procedure is a judgment decision made by your surgeon either before or during the actual operation. When the surgeon feels that it is safest to convert the laparoscopic procedure to an open one, this is not a complication, but rather sound surgical judgment. The decision to convert to an open procedure is strictly based on patient safety.

    See: http://www.sages.org/publication/id/PI11/
  • dragon1952
    dragon1952 Posts: 4,907
    edited July 2009
    Definitely. However, I didn't know there was an abdominal aortic valve.

    Man, don't you's guys watch E.R.? It's the same artery, it descends from the heart and runs down through the chest and abdomen.
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  • SolidSqual
    SolidSqual Posts: 5,218
    edited July 2009
    dragon1952 wrote: »
    Man, don't you's guys watch E.R.? It's the same artery, it descends from the heart and runs down through the chest and abdomen.

    "abdominal aortic valve" is the key here.
  • AudioGenics
    AudioGenics Posts: 2,567
    edited July 2009
    very bad situation for the soldier
    very bad medical error
  • audiobliss
    audiobliss Posts: 12,518
    edited July 2009
    Wow, that's really sad. I hope he can get over the shock and not let it pull him down for the rest of his life.
    Jstas wrote: »
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  • polktiger
    polktiger Posts: 556
    edited July 2009
    kawizx9r wrote: »
    That's horrible, but in all honesty it doesn't surprise me one bit. I'm eligible to receive VA benefits for life but they're exhausting me with all the paperwork and claims that they haven't received anything from me to make my claims legitamate/etc. Military is horrible for helping those out that have served, even if it's the military itself that has caused harm and grief to those who served. Sorry if I went on a rant, but I'm just glad that there are a few organizations that help those in need, and people who show their support. As a 24 year old disabled vet, I hold my hat off to him and all those who have served and continue to serve until this day.

    This is why I am SO excited about the proposed health care reform. Your experience sounds similar to my Dad's. He will only go to the VA for care specifically related to his service connected disability becuase it is such a fiasco to deal with them. For everything else he buys and uses private insurance.
  • AudioGenics
    AudioGenics Posts: 2,567
    edited July 2009
    hope that the complexity regarding these benefits will also be fixed
    and
    ensure that medical care is top notch to maintain the highest level of excellent.
  • kawizx9r
    kawizx9r Posts: 5,150
    edited July 2009
    polktiger wrote: »
    This is why I am SO excited about the proposed health care reform. Your experience sounds similar to my Dad's. He will only go to the VA for care specifically related to his service connected disability becuase it is such a fiasco to deal with them. For everything else he buys and uses private insurance.
    jvc wrote: »
    hope that the complexity regarding these benefits will also be fixed
    and
    ensure that medical care is top notch to maintain the highest level of excellent.

    It's really a joke, when I was getting ready to EAS (end of active service) you get all this time to get all admin work done, paperwork etc. Do you KNOW how many times I had to take a hearing test in order to FINALLY "qualify" to claim hearing loss? They were such A$$holes, even though I failed the same way over and over again. Don't get me started on my surgery, the benefits the military has so often promised us is a hollow one at that, and they'll do everything in their power they can to prevent you from receiving such services and/or benefits. I still get looked upon when walking about in town, using a dam cane because surgeons had "difficulties" pulling a piece of shrapnel out of my foot and now its "too deep to extract." And what benefits do we see? Near none and we have to live with that for the rest of our lives.
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  • SolidSqual
    SolidSqual Posts: 5,218
    edited July 2009
    Military health care doesn't work, but All-out government health care will? That's as far as I am going with this one.
  • Airplay355
    Airplay355 Posts: 4,298
    edited July 2009
    That article says aortic valve. That's in the left side of your heart leading out of the left ventricle. Aorta is the blood vessel, pretty big difference.
  • Tony M
    Tony M Posts: 11,164
    edited July 2009
    My thoughts and prayers go out to you guys and gals and to the man who this thread was started over.
    I Hope this backward system of helping some who deserve more with too little and others get what ever they need gets set right.

    Especially the military personnel who secure OUR freedom deserve the finest this Nation should provide.
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  • John30_30
    John30_30 Posts: 1,024
    edited July 2009
    kawizx9r wrote: »
    It's really a joke, when I was getting ready to EAS (end of active service) you get all this time to get all admin work done, paperwork etc. Do you KNOW how many times I had to take a hearing test in order to FINALLY "qualify" to claim hearing loss? They were such A$$holes, even though I failed the same way over and over again. Don't get me started on my surgery, the benefits the military has so often promised us is a hollow one at that, and they'll do everything in their power they can to prevent you from receiving such services and/or benefits. I still get looked upon when walking about in town, using a dam cane because surgeons had "difficulties" pulling a piece of shrapnel out of my foot and now its "too deep to extract." And what benefits do we see? Near none and we have to live with that for the rest of our lives.

    That's exactly why you have to keep hammering at those bureaucrat **** until they get tired of seeing you camped out in their offices. It's about the rest of your life.
    They are bean-counters and don't give a crap about the human beings who put themselves in danger's way.
    My daughter's father-in-law finally got full disability for serving 2 tours in Vietnam after decades of fighting with them ( the VA). It would be a joke if it weren't such a rotten shame.
  • jtgranby
    jtgranby Posts: 887
    edited July 2009
    If you are in the Medical profession you know not to get sick in July as this is when the new Interns and residents start there training.

    This was a very incompetent MD. The Aorta is the largest blood vessel in your body Mortality rates are greater than 99% with a ruptured aorta.

    They probably clamped it off and he received no blood flow to his legs thus the amputation. This sucks this so called butcher should lose his license to practice medicine but will not due to his military protection.

    Jim
  • tonyb
    tonyb Posts: 32,983
    edited July 2009
    polktiger wrote: »
    This is why I am SO excited about the proposed health care reform. Your experience sounds similar to my Dad's. He will only go to the VA for care specifically related to his service connected disability becuase it is such a fiasco to deal with them. For everything else he buys and uses private insurance.

    Yep,same here.Just for the record,you won't be able to sue uncle sam under the new plan either.Seeing how well the government does with the military,who the heck thinks they can handle millions more?? Well,if it passes,they can say you all have healthcare,not very good care,but you'll have it anyway.
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  • Kex
    Kex Posts: 5,200
    edited July 2009
    What a mess! To think that this poor guy will be dealing with phantom pains and all of that **** for about five years, before things start to calm down. It's just horrible.

    P.S. no politics please, and thanks for the self restraint SS!
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  • zarrdoss
    zarrdoss Posts: 2,562
    edited July 2009
    Sad indeed! just goes to show how fu... messed up this country is becoming when we don't take care of the ones who defend our freedoms and liberties.