Re: SKIN WEIGHT - Lengthy

March 13, 2003

Nan you and your family are truly kind people. You make this all worthwhile.

Your mom would have been proud of you.

Fay Bayuk

March 13, 2003

This is incorrect. Erroneous advice, no matter how well meaning,

will not be in your best interest and could hurt you. Get competent

advice from an experienced attorney. Then you'll have a better

understanding of what's involved.

Been there – done that.

RNY 11/28/01

>BUT, as far as a law suit goes, don't be too

> sure that you have a case. You have to meet a few criteria for a

>law

> suit. One of them is that the actions caused you harm. Other then

> frustration, I see where no harm has happened. The second is that

> the harm was intentional. I am sure that there was NO intention to

> cause you frustration here.

March 13, 2003

This is incorrect. Erroneous advice, no matter how well meaning,

will not be in your best interest and could hurt you. Get competent

advice from an experienced attorney. Then you'll have a better

understanding of what's involved.

Been there – done that.

RNY 11/28/01

>BUT, as far as a law suit goes, don't be too

> sure that you have a case. You have to meet a few criteria for a

>law

> suit. One of them is that the actions caused you harm. Other then

> frustration, I see where no harm has happened. The second is that

> the harm was intentional. I am sure that there was NO intention to

> cause you frustration here.

March 13, 2003

Bobby, so is what your saying that you willingly went to a hospital

that has substandard care level not once, but twice? Brings to mind

the old saying " fool me once shame on you, fool me twice shame on

me " .

KathyM

> Fay -

>

> As I have stated many times, I am NOT a litigious individual,

however, I take

> exception to your statement (and, am somewhat offended) by " how

much damage "

> I " want to do to everyone concerned. " With all due respect, this

is an

> incredible statement. How much damage I want to do? Huuummm.

>

> Fay, I am hopeful that you understand that the medical profession

is held to

> a MUCH HIGHER STANDARD than you or I. Again, yes, we are ALL

fallible, we

> ALL make mistakes. However, if NO ONE speaks up, a more serious

mistake can

> happen to YOU or YOUR LOVED ONE next time.

>

> It all boils down to standard of care as well as professional

ethics. I have

> had 2 previous standard of care issues with this same hospital

(which I did

> not go into).

>

> This is strike 3, and my expectations for this facility have been

greatly

> reduced (from my past experiences) from expecting to receive

adequate care,

> to just being thankful that I come home alive. This may be a

dramatic

> statement, but what a sad commentary when a patient should have to

overlook

> good and decent before/during/and aftercare, and have the sole

expectation of

> simply " coming home alive. " At this point, the old adage

of " all's well that

> ends well " does not cut it for me.

>

> My previous negative experiences (at this same hospital) occurred

during a

> c-section (10 years ago) AND my WLS, almost 2 years ago. I

remained

> grounded, after these issues, and " overlooked " standard of care

> oversights/errors connected with these surgeries.

>

> One was with O.R. staff allowing my epidural to expire PRIOR to

the surgeon

> cutting into me during a c-section, allowing me to FEEL EVERYTHING

and

> resulting in me going into immediate shock from the pain of the c-

section

> incision and the tearing of the tissue into the uterus. Despite

my crys for

> help, despite all monitors indicating I was in distress from pain,

the

> surgeon could not do anything but continue, nor anesthetize me

UNTIL the

> baby's head came out. This was a serious issue, and I was almost

lost from

> shock.

>

> I had asked about the IV as I was rolled into the OR for the c-

section (it

> was NOT an emergency situation). I saw it was extremely low. By

the time

> they cut, it had run out. My pleas' to the OR staff nurses was

disregarded

> and that O.R. " oversight " resulted in me being placed me in grave

danger. I

> never pursued this, I counted my blessings, went on with my life

and my

> records indicate the truth of the matter.

>

> I will not go into the second incident that occurred with my

nursing care

> during my WLS.

>

> I now am drawing the line on this one. This is strike three for

this

> facility, that I am forced to go to as my PPO. This is not MY

fight. This

> is not a money-making endeavor on my part. This is a fight for

ALL who go

> AFTER me, or God forbid, for me, should I need the services of

this same

> hospital again.

>

> Furthermore, a timely response to my records request, a timely

response to my

> concerns and a timely acknowledgment by the nurse that there had

been a

> mistake would have made all the difference to me. But the fact

that all

> parties involved (except my surgeons office not associated with

the hospital)

> tried to sweep with under the carpet SCREAMS something very loudly

to me.

>

> I am hopeful, by way of my concerns, this hospital would practice

more due

> diligence in the future. .

>

> Thank you for your thoughts.

>

> Bobbie

> Anchorage

>

> ****************************************

>

> <<Here comes the But. But, how much damage do you want to do to

everyone

> concerned. Most of us do the best we can. If I could get sued

for my

> mistakes I would be in big trouble. How about you, are you

mistake proof. >>

>

> My 2 cents.

>

> Fay Bayuk

> '300/173

> 10/23/01

> Dr.

March 13, 2003

Bobby, so is what your saying that you willingly went to a hospital

that has substandard care level not once, but twice? Brings to mind

the old saying " fool me once shame on you, fool me twice shame on

me " .

KathyM

> Fay -

>

> As I have stated many times, I am NOT a litigious individual,

however, I take

> exception to your statement (and, am somewhat offended) by " how

much damage "

> I " want to do to everyone concerned. " With all due respect, this

is an

> incredible statement. How much damage I want to do? Huuummm.

>

> Fay, I am hopeful that you understand that the medical profession

is held to

> a MUCH HIGHER STANDARD than you or I. Again, yes, we are ALL

fallible, we

> ALL make mistakes. However, if NO ONE speaks up, a more serious

mistake can

> happen to YOU or YOUR LOVED ONE next time.

>

> It all boils down to standard of care as well as professional

ethics. I have

> had 2 previous standard of care issues with this same hospital

(which I did

> not go into).

>

> This is strike 3, and my expectations for this facility have been

greatly

> reduced (from my past experiences) from expecting to receive

adequate care,

> to just being thankful that I come home alive. This may be a

dramatic

> statement, but what a sad commentary when a patient should have to

overlook

> good and decent before/during/and aftercare, and have the sole

expectation of

> simply " coming home alive. " At this point, the old adage

of " all's well that

> ends well " does not cut it for me.

>

> My previous negative experiences (at this same hospital) occurred

during a

> c-section (10 years ago) AND my WLS, almost 2 years ago. I

remained

> grounded, after these issues, and " overlooked " standard of care

> oversights/errors connected with these surgeries.

>

> One was with O.R. staff allowing my epidural to expire PRIOR to

the surgeon

> cutting into me during a c-section, allowing me to FEEL EVERYTHING

and

> resulting in me going into immediate shock from the pain of the c-

section

> incision and the tearing of the tissue into the uterus. Despite

my crys for

> help, despite all monitors indicating I was in distress from pain,

the

> surgeon could not do anything but continue, nor anesthetize me

UNTIL the

> baby's head came out. This was a serious issue, and I was almost

lost from

> shock.

>

> I had asked about the IV as I was rolled into the OR for the c-

section (it

> was NOT an emergency situation). I saw it was extremely low. By

the time

> they cut, it had run out. My pleas' to the OR staff nurses was

disregarded

> and that O.R. " oversight " resulted in me being placed me in grave

danger. I

> never pursued this, I counted my blessings, went on with my life

and my

> records indicate the truth of the matter.

>

> I will not go into the second incident that occurred with my

nursing care

> during my WLS.

>

> I now am drawing the line on this one. This is strike three for

this

> facility, that I am forced to go to as my PPO. This is not MY

fight. This

> is not a money-making endeavor on my part. This is a fight for

ALL who go

> AFTER me, or God forbid, for me, should I need the services of

this same

> hospital again.

>

> Furthermore, a timely response to my records request, a timely

response to my

> concerns and a timely acknowledgment by the nurse that there had

been a

> mistake would have made all the difference to me. But the fact

that all

> parties involved (except my surgeons office not associated with

the hospital)

> tried to sweep with under the carpet SCREAMS something very loudly

to me.

>

> I am hopeful, by way of my concerns, this hospital would practice

more due

> diligence in the future. .

>

> Thank you for your thoughts.

>

> Bobbie

> Anchorage

>

> ****************************************

>

> <<Here comes the But. But, how much damage do you want to do to

everyone

> concerned. Most of us do the best we can. If I could get sued

for my

> mistakes I would be in big trouble. How about you, are you

mistake proof. >>

>

> My 2 cents.

>

> Fay Bayuk

> '300/173

> 10/23/01

> Dr.

March 13, 2003

Actually, I am correct, see below for the 4 things you need for a

malpractice law suit:

Legal necessities of the plaintiff and the defendant

As in any malpractice lawsuit, a plaintiff suing for medical

malpractice must show the four elements necessary to prove

negligence: duty of care, breach of duty, injury, and proximate

cause. A person accused of malpractice can defend him or herself by

showing that one of these elements is missing and/or by establishing

an affirmative defense. An affirmative defense is a legal argument

that admits the existence of the required elements, but maintains

that the plaintiff is also culpable.

> >BUT, as far as a law suit goes, don't be too

> > sure that you have a case. You have to meet a few criteria for a

> >law

> > suit. One of them is that the actions caused you harm. Other

then

> > frustration, I see where no harm has happened. The second is

that

> > the harm was intentional. I am sure that there was NO intention

to

> > cause you frustration here.

March 13, 2003

Actually, I am correct, see below for the 4 things you need for a

malpractice law suit:

Legal necessities of the plaintiff and the defendant

As in any malpractice lawsuit, a plaintiff suing for medical

malpractice must show the four elements necessary to prove

negligence: duty of care, breach of duty, injury, and proximate

cause. A person accused of malpractice can defend him or herself by

showing that one of these elements is missing and/or by establishing

an affirmative defense. An affirmative defense is a legal argument

that admits the existence of the required elements, but maintains

that the plaintiff is also culpable.

> >BUT, as far as a law suit goes, don't be too

> > sure that you have a case. You have to meet a few criteria for a

> >law

> > suit. One of them is that the actions caused you harm. Other

then

> > frustration, I see where no harm has happened. The second is

that

> > the harm was intentional. I am sure that there was NO intention

to

> > cause you frustration here.

March 13, 2003

Kathy,

If you read Bobbie's messages, she has no choice; it's the only hospital

her health insurance plan covers. Most of us don't have the luxury of

being able to self-pay for much of anything, never mind surgeries and

hospital stays. I don't know about you, but that's WHY I have insurance,

to get better care in a prepaid fashion. Give Bobbie a break. I'm

totally on her side. This hospital, their staff, and their procedures,

all need to be held accountable. That can be done without suing them,

and I believe Bobbie's interested in doing just that. I've also

encouraged her to document everything and to raise hell with her

insurer; they should not accept such poor performance from their

designated health care center... From a coldly financial standpoint,

poor care will cost them more money as people have increased

complications.

Ziobro

Open RNY 09/17/01

310/130

Re: SKIN WEIGHT - Lengthy

Bobby, so is what your saying that you willingly went to a hospital

that has substandard care level not once, but twice? Brings to mind

the old saying " fool me once shame on you, fool me twice shame on

me " .

KathyM

March 13, 2003