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Is this negligence by the hospital going against the Doc's orders and causing my stomach to bloat and tear stitches?

Tacoma, WA |

Yesterday I had surgery for my hiatal hernia. They poked 5 holes in my tummy fixed my tummy and my belly button and closed me up by about 330pm. Moved to gen care and all went well for the rest of the night, morning till afternoon. Dr *&^() ordered me on clear liquid diet till he wanted to change it. We talked today about 2pm and he said I could leave tomarrow and he would change my diet to a mild liquid diet. Such as those shakes, applesauce and no milk or solids. When dinner was served I thought I was getting chicken broth and it was curry. A solid herb/spice used in cooking or oil paint used as a yellow. I drank the mixture and noticed a yellow powder on the bottom. My stomach became bloated and expanded to tear the stitches. My o2 level is so low I had to be put on o2 again.

At the present time Im put on O2 to keep my level above 85. It ran 101 and 103 till this happened. I think they are waiting for the Doc to come in and see what is going on. I think I have internal bleeding from the bloating. Possibly the doc will go in again to repair the damage if he sees it. Since the hospital did check my ID before they served me, then served me a meal against the Doc's I have a case? I feel my life was jeopardized by the negligence of one or more workers. When I complained about the curry in my meal they called the doc and got a prescription to deal with the bloating. The nurse took about 20 minutes to get the meds because she had to sign for things first.

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The medical staff is supposed to follow the doctor's orders. Failure to do so may be a basis for a malpractice action against the hospital if a patient is injured as a result. In your case, it seems this just happened. Hopefully you will get through this without any major injury. You should wait until you get out of the hospital before consulting with a lawyer. Malpractice cases are expensive and time consuming. Experienced malpractice lawyers are happy to give free consultations, but won't undertake cases without major injuries unless the fault is very clear indeed and sometimes not even then.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.



I got out Monday because we had a stale mate. They kept shoving junk up my rear because they wanted something to come out. I told the doc it could be stress and no diet with any solids in it. So the Doc decided to send me home. Once I got home my body relaxed and felt better, I drank a little prune juice and what they were waiting for happened. I called the surgeon and asked if I could get on the stage one diet instead of the juice, bullion and jello diet. They allowed the change and then is when the solids started the work even better.



Nothing major happened. I guess its all good now.


You should first focus on recovering and getting out of the hospital. You have two years to commence a medical malpractice claim.

Given the cost of pursuing a medical malpractice claim, you may have been the victim of negligence, but the damage may or may not be enough to warrant a claim.

Only a lawyer can properly evaluate your claim and see if the damages you suffered make the possible medical malpractice claim worth pursuing.

Before relying on any legal advice on the internet or this forum, please double check with an attorney in your state as the specific details of your case may affect the answer.


I am not licensed in your state and can only provide general advice. However, I agree that the most important issue currently is focusing on your health. You always have time later to have an attorney evaluate any potential claim. that being said - your goal should be to mitigate any potential damages and make a full recovery. From the sounds of it, you are in a good position to do that. If you do make a full or near full recovery- you would have to repay any insurance carrier who paid the hospital for your care out of any recovery, as well as the expenses of litigation and expert review as described by others. You also have the option of reporting the hospital personnel to the board of nursing and the agency for healthcare administration, but Health first!

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