| This isn’t necessarily covering his ass. Mesh infection is a known risk, by your description you were appropriately consented for this. It will be impossible to definitively identify the source of infection (I.e. was there an inadvertent enterotomy intraoperatively? Was it an inguinal hernia repair which is a relatively “dirty” region close to genitalia and a common location for surgical site infection? Did your mom develop a bacteremia for another reason and seed the implant?). At the end of the day none of this really matters though because you were appropriately consented. The only apparent angle for malpractice here would be if a reasonable and competent surgeon would disagree with the use of mesh and would have done a primary or two-stage repair (I.e. reduce the hernia under laparoscopy +/- small bowel resection. Bring the patient back several months later to repair the abdominal wall defect.) If you saw a physician specializing in hernia care, I would assume that they follow best practices and this type of case was not amenable to the options I described. If this is the case, it is incredibly unfortunate what happened to your mother. However, bad things happen and this is why we consent for complications (especially ones as devastating as mesh infection). I wish everything I did worked and I never had complications but the only way to have no complications is to never see patients. |
We are bothered by the hospital not diagnosing the hernia despite it being painfully obvious there was a hernia, which led to complications, and then ignoring the signs of infection until it got to the point where it nearly killed her.