Saying I'm Sorry Can Make A Difference...

Time Link

I am not going to cut and paste as it is a long article but if you get Time Magazine it is in this weeks issue as well as online.

Now when I had my Spondylolisthesis surgery I had my left radial nerve damaged severely when a nurse pierced it with a blood/gas line.

I awoke in ICU with my left arm numb and was told throughout my entire week in the hospital that this was normal. During my follow ups over the next 3 weeks with my surgeon during which time I complained that the numbness was giving way to burning pain they were stumped. It was not until I went to my own physician that I was finally sent to a pain management clinic where I received stellate ganglion blocks to repair the damage. The nerve never fully recovered and almost 2.5 years later I still have some problems.

Now the big deal here was that once the pain management clinic was able to trace the source of the problem not one single person in the surgical team ever said they were sorry and that really pissed me off. I even asked the surgeon right out about the problem and what happened and got nothing but a casual "I am not sure."

Of course I did not sue, I believe we are already an overly litigious society and I was not going to add to the backlog of court cases. I also asked myself what would I get from this other then another headache as these cases can take years to get into the courtroom. But what if the damage had been permanent and instead of nicking the nerve they had severed it? Without the radial nerve functioning you lose your dexterity of you forefinger and thumb making that hand pretty much useless. Would an apology have made the difference between a lawsuit and perhaps a compromise?

I think there is something to this but not quite enough to stop all the lawsuits. Sure some of them will continue to be frivolous, people looking to cash in on their suffering and misfortune, but others will have merit. We have all heard of a case or two of wrong site surgery or worse the amputation of the wrong limb. Clearly these people have a legitimate case and while an apology is not going to stop a lawsuit it will certainly be the right thing to do as well it just may lighten the impact of the lawsuit when it comes.

If you have a few minutes check out the article. It makes some valid points but at the same time has some issues that leave you wondering. In my case that would be the Presidents plan to limit pain and suffering to a $250,000 cap per case. I do not see how you can put a monetary cap on something like that. You just chopped off the wrong foot, hand, leg etc... and are telling me that my pain and suffering is only worth X amount? Sure you can be awarded actual damages as well and there is no cap as it is based on outside factors such as your income and such, but if you are going to put a cap on an award make it punitive damages, not pain and suffering. Punitive damages should be left up to the criminal courts and the precaution attorneys, not the civil court IMHO.

Edited to add- I apologize if this is even less coherent then my normal blather. Since the ESI this morning I have been feeling like crap. For the first time I have a headache from an ESI, my back is feeling like crap and my foot is buzzing so badly I swear I can hear it. I slept for about 5 hours this evening and while I am awake I am half asleep.