Yesterday a medical student treating me stuck herself then continued using same needle. If get anything, can I sue them?

2016-02-27T15:20:52-05:00

She said oops but didn't really say anything until treatment was over. Then she was asking me if I had any blood diseases...... Hello, I live a clean life. She admitted she is accident prone.

Who should I speak to? I was sent down and had blood drawn for labs to be on safe side, but if she gave me something what are my options?

people are ASSUMING that I allowed her to continue to do the injections after she poked herself. so I will make this clearer for those that cannot understand simple reading comprehension I DID NOT SEE HER POKE HERSELF. SHE SAID OOPS AND CONTINUED ON AS IF NOTHING HAPPENED.

*****Monday@ 5:23pm I logged onto the website myhealth.va.gov since my doctor has not returned my calls to see if my labs were available for viewing on there.....GREAT NEWS......EVERYTHING IS NEGATIVE

I have had anxiety attacks over this and been trying very hard to remain calm about this. I think from now on I will make sure that IF a medical student is doing my injections I will make them be more careful and if I hear OOPS again...I will make them change needles.

thanks to all that gave wonderful and supportive advice, and for those who were negative towards me....I hope one day that if this happens to you that the person that stuck themselves is just as accident prone as the girl who did this to me. then you wait all weekend to know whether or not you were given something.

Karma will get those who are negative and judgemental. however GOD sees everything, and he doesn't like ugly!

Response by CPT Private RallyPoint Member made Feb 27 at 2016 3:31 PM

2016-02-27T15:31:11-05:00

Are you referring to someone who is doing an internship or a medical student that has not yet received their degree?
The term "student doctor" is confusing. If a student is deliberately misrepresenting themselves as a ‘doctor’, it is grounds for disciplinary action.
If they are being introduced as a "student doctor" by staff this leads to confusion on the part of patients that do not know the distinction.
Interns are doctors who have graduated medical school and are in their first year of a residency training program.
Residents – Residents can refer to any doctor who has graduated from medical school and is in a residency training program (including interns).

In any of these cases go to the Head of the Department or the Chief of Medical Doctors.

Response by SSG Trevor S. made Feb 27 at 2016 3:32 PM

2016-02-27T15:32:50-05:00

You need to bring this to the attention of her suppervisor at the very least. You also need to get her to give you paperwork concerning the accidental stick and measures you should take to see if you were infected by her. You should also get this placed in your records. From there you will have the paperwork to back up a law suit if need be.

Response by MAJ Ken Landgren made Feb 27 at 2016 3:54 PM

2016-02-27T15:54:04-05:00

Regardless of the outcome, her superior needs to know what she did.

Response by Capt Private RallyPoint Member made Feb 27 at 2016 4:33 PM

2016-02-27T16:33:28-05:00

There was certainly a divination from sound practice if she used a needle on you after she had stuck herself with it - a serious deviation.

Can you sue if you contact a disease? You can sue for anything. But, unless she had whatever you get, it would highly unlikely that you could win.

And yes, make sure the supervisors know of the incident.

Response by SSgt Private RallyPoint Member made Feb 27 at 2016 6:09 PM

2016-02-27T18:09:06-05:00

Unfortunately, active duty service members are barred from suing the federal government for medical malpractice claims under the Feres Doctrine. But just like everyone else here has said you should contact your supervision, her supervision, and a patient advocate.

Response by Capt Tom Brown made Feb 27 at 2016 7:39 PM

2016-02-27T19:39:49-05:00

What facility did this happen at? Maybe there are others on RP who are familiar with the place and can advise you from their end. Tounds like a horrible experience a person's worst nightmare in a hospital or clinic. Very sloppy and unprofessional. Hopefully you have told as many people as possible at the facility and filed a formal report however that may be, either in person or on line. By telling as many people as you can and reporting the problem will put them on the spot making it harder for them to CYA or swear you never told anyone at the time, etc. Hospitals are always aware of liability issues and should be sensitive to responding in a hurry. Let RP know how this turned out and where it happened..

Response by PO1 John Meyer, CPC made Feb 27 at 2016 7:40 PM

2016-02-27T19:40:16-05:00

Believe me when I say that you can bring a case up, but just like anything else, make sure you've got something showing negligence on behalf of the intern since it will be your word against the intern.

My wife and I work in the medical field.

My wife is phlebotomist and could tell you that accidents happen as she's stuck herself, but... there's just no call for what happened to you.

Needle protocol 101 says that a needle can only be used once and that a dirty (aka used) needle goes right into a biohazard receptacle without passing Go or collecting any more bodily fluid.

I work in orthopedics and even when we give multiple injections for one patient, each body area gets a new needle; needles are not re-used even if used on the same patient.

As others have said, first step would have been to let the supervising doctor know as they are 100% responsible for anything their intern does. Next would have been to let a patient advocate know.

I would give the doctor the ability to set things right for you before you seek legal action. Talk to the doctor and see what he/she is willing to do for you to make things right. If you're not satisfied after that, then I would seek legal action.

Response by SN Greg Wright made Feb 27 at 2016 10:43 PM

2016-02-27T22:43:47-05:00

Uh...why the hell would you have LET her, after she stuck herself?! PFC Private RallyPoint Member

Response by SGT Christopher Premore made Feb 28 at 2016 7:10 PM

2016-02-28T19:10:52-05:00

You need to contact the Office of the Inspector General and the facility director at once.

Response by PFC Private RallyPoint Member made Feb 29 at 2016 12:15 PM

2016-02-29T12:15:12-05:00

called the blood lab today, they said my doctor should have my results since it was a "stat status" I should be hearing from her soon since I called her and left a message. as soon as I know anything I will let you all know.

thank you all that were positive in helping me in getting somewhere with the question and concerns I have had dealing with this issue.

To those that were negative or being completely rude with your responses to me or even to others on here, I hope and pray that this never happens to you or a loved one....if it does then karma as someone has so nicely put it, will get you in the end!

Response by CPT Private RallyPoint Member made Feb 29 at 2016 4:28 PM

2016-02-29T16:28:22-05:00

That's so disturbing.

Response by SGT James Hammons made Apr 11 at 2017 11:15 AM

2017-04-11T11:15:12-04:00

This should have been brought to the attention of the patient advocate immediately. Without giving the VA a chance to address it would not really give a good case.

Response by Lt Col Jim Coe made Apr 11 at 2017 11:38 AM

2017-04-11T11:38:25-04:00

The provider should not have used the same needle on you. It was an accident, but her violation of protocol should be reported to her supervisor. That may be easier said than done, so reporting the incident to the Patient Advocate or Quality Assurance Office may be easier for you. It sounds like you were in a civilian medical facility rather than a military one. Either way, the right people will pay attention to this breach of protocol. Forget the law suit. This was a stupid mistake. Let the medical community take care of it.

Response by Lt Col Jim Coe made Apr 12 at 2017 12:46 PM

2017-04-12T12:46:09-04:00

Here's advice from my daughter who's a VA nurse practitioner:
Contact your Congressman. A Congressional complaint will get answered. Contact the VA Hospital patient advocate. Third find the nurse in charge of patient safety and file an incident report.