Negligent Blood Draw Causes Compartment Syndrome in Arm
The following excerpt from a Notice of Intent to File Claim, or more commonly called, “Notice of Intent to Sue,” is a recent case that the litigators at Erlich, Rosen, Bartnick & Cook, P.C., have begun on behalf of one of our clients. If you wish to discuss a medical malpractice claim please contact ERBC at either www.ERBClaw.com or 1-800-595-0506 for a free consultation.
Factual Basis For Claim
The Plaintiff, was an inpatient at a local hospital starting on March 20, 2008 for tracheobronchitis. During her hospitalization, she was given various blood thinners including aspirin, Plavix, Lovenox, and Heparin. On March 25, 2008, at 11:20 a.m., she had an arterial blood gas draw by the respiratory therapy services. Her physicians were concerned that she may be developing a pulmonary embolus due to her tachycardia and severe hypoxia and hypercapnia. She had been on Lovenox and Heparin IV drip and then received a bolus of 4,000 units of Heparin administered at 12:30 p.m. on March 25, 2008. Approximately 43 minutes later, at 1:13 p.m. on March 25, 2008, while the Heparin bolus was at its peak blood thinning capacity, claimant had a repeat arterial blood gas draw in her right upper extremity by the respiratory therapy service. Following the ABG draw at 1313 on March 25, 2008, the respiratory therapist placed a bandage over the site and left the room without applying sufficient pressure to claimant’s arm at the blood draw site. Within a few hours of the blood draw, claimant developed severe compartment syndrome in her right upper extremity and had to undergo emergency surgery that evening. As a result, she developed respiratory distress and was placed in the Intensive Care Unit. She underwent a second surgery three days later to close the fasciotomy site and since being discharged from the hospital setting has had to undergo extensive physical therapy for her dominant right arm. She continues to have weakness and numbness in her right upper extremity as well as loss of function and highly visible scarring as a direct and proximate result of the compartment syndrome and subsequent surgeries which occurred due to the negligence of the respiratory therapist.
As a direct result of the breaches of the acceptable standard of care and the negligence of the defendant, by and through its employees, including but not limited to the respiratory therapist who performed the ABG draw at 1313 on March 25, 2008, the Plaintiff suffered severe and permanent injuries. Specifically, the failure to appreciate that the Plaintiff was heavily anti-coagulated at 1313 on March 25, 2008, resulted in the failure to adequately apply pressure after the blood draw was completed. The failure to either apply direct pressure or apply a pressure dressing over the blood draw site for 30 minutes or until hemostasis occurred, resulted in the Plaintiff’s artery to continue to bleed subcutaneously without coagulating which then resulted in hemorrhage and hematomas forming under the skin. Formation of the hematomas and pooling of Claimant’s blood under the skin resulted in compartment syndrome and the build up of excessive pressure that restricted blood flow to the nerves and tissue in Claimant’s right arm which caused tissue and nerve damage which resulted in the need for emergency fasciotomy surgery. The emergency fasciotomy surgery necessitated by the negligence of the respiratory therapist in failing to achieve hemostasis following the ABG blood draw was a proximate cause of Plaintiff suffering respiratory distress due to the shock to her system from the anesthetic and the surgery itself which then resulted in Plaintiff being placed in the Intensive Care Unit for several days to treat her severe medical conditions.
Furthermore, the emergency surgery done on March 25, 2008 to relieve the pressure of her compartment syndrome resulted in the need for further surgery on March 28, 2008 to close the fasciotomy. The two surgical procedures, in conjunction with the damage done to Plaintiff’s nerves and tissue from the compartment syndrome resulted in permanent nerve, muscle and tissue damage resulting in permanent pain, numbness and loss of function of her dominant right arm and hand. Plaintiff has also suffered severe scarring and the need for on-going physical therapy as a direct and proximate result of the two surgeries necessitated by the compartment syndrome which was caused by defendant’s negligence in failing to insure that Plaintifff achieved hemostasis following the March 25, 2008 ABG draw at 1:13 p.m. The failure of defendant’s employees to insure that Plaintiff achieved hemostasis following the ABG blood draw at 1:13 p.m. on March 25, 2008, resulted in their negligently allowing her to bleed subcutaneously without coagulation causing pooling of the blood and hematomas which then resulted in compartment syndrome and the need for emergency surgery.
By failing to apply appropriate and adequate pressure following the ABG blood draw on March 25, 2008 at 1:13 p.m., Plaintiff did not achieve hemostasis and instead continued to bleed subcutaneously resulting in hemorrhage, hematoma and compartment syndrome which caused nerve, tissue and muscle damage due to the pressure and cutting off of the oxygenated blood supply to those areas in her right upper extremity. This in turn caused compartment syndrome which necessitated emergency surgery which, between the compartment syndrome and two surgeries, caused additional nerve, tissue and muscle damage as well as severe and permanent scarring which altogether resulted in loss of function, weakness, pain, and disfigurement of Plaintiff’s right upper extremity.
