Resolution After Medical Injuries: Case Studies of Communication-and-Resolution-Programs Demonstrate Their Promise as an Alternative to Clinical Negligence
Abstract
1. Introduction
2. Methods
2.1. Design
2.2. Data Sources
2.3. Data Selection and Collection
2.4. Data Analysis
3. Findings
3.1. Case 11
3.1.1. Adverse Events
“Your nurse returned with the epi, but as she went to inject it into your IV line, I thought, ‘Something looks wrong. There’s too much in that syringe’. I had a sudden impulse to knock the syringe out of her hand before she gave it, and simultaneous to that, I thought that if I touched her, they would kick me out of the ER, but before I could say anything, she had pushed it in.”
“I had never seen pulmonary edema that severe. I can’t express the abject terror I felt watching you, knowing you were probably dying, and me powerless, knowing medically everything that was happening, and everything that was going wrong.”
3.1.2. Aftermath
“I was not OK. For a very long time I was not. I had PTSD from this. Like I said, that weird noise. Every time I’d hear that noise I would freak out. Whenever I was in the hospital, there were various things that were very triggering, and especially when they would call a code overhead. I still don’t like that because I was coded. There’s just a lot. The point that I’m at where I’m able to talk about this and not be so upset and know that I won’t stay up that night crying, is a huge step. It changed a lot of my life. This event has touched every part of my life. It happened probably ten days into sophomore year, and I can definitely draw a line in the sand and be like, ‘This is where my life has changed.’ It matured me, most certainly, and it sparked an interest in medicine, but at the same time, it damaged me a lot and slowed me down, almost, because I became … I don’t know if this is directly related, but I have cell activation disorder, which is an allergic type disease. It kind of seemed to be woken up by that one event. Yeah, a lot of problems have arisen from it.”
3.1.3. Medical Negligence Litigation
“All the explanations went through my Mom. I never got the apology or explanation from the hospital at the time or during the lawsuit…There was the compensation given, but I still never got an apology…I know that the hospital instituted a program afterwards for apologies and explanations, but I feel I missed out. I would have liked to be involved in the apology process. …I also hoped they’d learn from their mistakes as that didn’t come up in the lawsuit.”
3.1.4. Research
“I’ve never seen the collection of those doctors and nurses ever again, and that upsets me. There has just been little to no closure, in that sense, for me. …This is the first time that I kind of feel like I’m getting closer to closure, like finally something is being done to really prevent it from happening again. I know there are effects, but I don’t know all of them, so I kind of feel like it happened, what happened to me, was for no good reason. … I would like them to talk to me now and apologise. …. There’s definitely something that can be learned from what happened to me, and I just want to know how they’ve learned from it and if they’ve put any measures in place and if I’m still a teaching case or if they have forgotten.
I’d like to have a meeting. This is a way for me to have a voice and talk to them. …I think I’ve been so separated from the whole event because it has been my mother involved with everything. It might be nice for them also to see the face of what happened. I don’t know if the nurse ever forgave herself. I know she wanted to apologise, and it’d be a nice … I don’t know if they think that I’m hostile. Certainly, I’m not. It could be good for everyone. It would definitely be the closure I need, almost, to really start to move forward from it.”
“I was definitely looking forward to this interview because it’s finally an opportunity for me to give [the hospital] the feedback other than them dealing with it themselves, or it going through someone else, like mom. I’m the actual person who went through it. There still is not a single day where I don’t think about what happened. It comes up in every part of my life. Yeah, it’s very interesting. I’m not thankful that it happened, but I think it was one of those key things that happened in my life that shaped me. It’s “The Event” because there will be no other, and hopefully there will be no other for anyone else. Even if I just saved one person from it happening, one person, that would be nice to know. …I think this is a great opportunity, especially when I read that you’ll be giving the feedback to the hospital. This is all I’ve wanted for so long.”
3.1.5. CRP
3.2. Case 22
3.2.1. Adverse Event
3.2.2. Aftermath
“So then I decided to see if I could find other patients who had gone through the same thing. It turns out there are lots of ‘mesh ladies’, as I like to say. We just had so much in common and we all felt like no one was taking us seriously. Some of them had sued but it hadn’t worked out well for them. I’ve talked to mesh ladies who tried to sue the people who made the mesh and I’ve talked to mesh ladies who sued their surgeons. The docs have been blaming the companies and the FDA. It was really, really hard for them to prove their pain. These ladies were left feeling like no one believed them, like their pain wasn’t real. But I can tell you it is! A couple of them had even lost their homes trying to fight it. Some couldn’t even get lawyers to take their cases. The ladies who did get lawyers to help them, then had big trouble proving what had happened to them. I really wanted something done to try to protect other ladies from mesh, but their stories about lawsuits really put me off.
Then one of them told me about her lawyer, who she really liked. He had told her about a different system; an out of court system. She hadn’t actually used it. But she put me in touch with him. So, yeah, that’s how I ended up not suing the surgeon but taking this different route.”
3.2.3. CRP
“I was very, very, very nervous. They’d basically said I was crazy—the pain was all my imagination. But my lawyer was a real sweetheart. He reassured me and explained the whole process and stepped me through it bit by bit. I didn’t want lots of money, but I wanted some money to cover bills and for the hurt and pain. What I really wanted was for them to understand, to understand my pain was real and to make sure other ladies didn’t go through the same thing. My lawyer was great because he explained what would be a fair amount of compensation and how I wouldn’t get the sort of voice I wanted in the court. I was surprised by how fast the process was because I’d heard horror stories from the support group mesh ladies; some of their cases took years; years and years and years! One mesh lady lost her case and she’d already mortgaged her house to pay for the lawsuit. I’d heard enough and decided that definitely was not for me.
We all met, in just one big meeting. The surgeon was there of course, but also the others involved, so the nurse and someone high up from the hospital. They all made me feel like I had a right to be upset. The nurse was really good. She said she felt really bad for me and made a big deal about all the pain I was experiencing. Then even the surgeon (who’d said basically I made it up) said he’d come to realise how significant pain from surgical mesh problems was. They all apologised to me. And I felt like it was genuine. That really helped me a lot. They also said they are now aware of other problems with surgical mesh and there are whisperings of banning it and that they make sure they tell patients about the risks. This might sound weird, but I did walk out of there feeling, pretty amazing. I felt like, this bad thing happened to me, but they are doing something. They are doing something and other ladies might not go through this. So what happened to me wasn’t for nothing. I’m still going to that same hospital to this day. Only because of the process I went through. I doubt I’d still be there if it’d gone to court.”
“I just wish they had reached out to me first. Why did I need to go hunting around, talking to mesh ladies and get a lawyer involved. It was my lawyer who said that he didn’t even really need to be there because it’s meant to be about talking, not litigating. So I told them in the meeting that I wanted them to make the first reach out to other patients asap after the problem. It shouldn’t be up to the patient to do that because we are in so much pain already. And they should make the compensation offer. As I said, it wasn’t all about the money for me, but I did need money and I feel like it would have been much harder if I didn’t have a lawyer there helping with the compensation. I got $30,000 in the end.”
4. Discussion
4.1. Miseries of Medical Negligence Litigation
4.2. The Promise of CRPs
“Even if I just saved one person from it happening, one person, that would be nice to know. …I think this is a great opportunity, especially when I read that you’ll be giving the feedback to the hospital. This is all I’ve wanted for so long.”
“made me feel like I had a right to be upset. The nurse was really good. She said she felt really bad for me and made a big deal about all the pain I was experiencing. Then even the surgeon (who’d said basically I made it up) said he’d come to realise how significant pain from surgical mesh problems was.”
4.3. Improving CRPs
5. Conclusions
Funding
Institutional Review Board Statement
Informed Consent Statement
Data Availability Statement
Acknowledgments
Conflicts of Interest
Abbreviations
CRP | Communication-and-resolution programs |
US | United States |
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1 | Some information such as names have been changed and details such as health organisations, locations and dates have been removed. |
2 | See footnote 1. |
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Schulz, J.S. Resolution After Medical Injuries: Case Studies of Communication-and-Resolution-Programs Demonstrate Their Promise as an Alternative to Clinical Negligence. Laws 2025, 14, 55. https://doi.org/10.3390/laws14040055
Schulz JS. Resolution After Medical Injuries: Case Studies of Communication-and-Resolution-Programs Demonstrate Their Promise as an Alternative to Clinical Negligence. Laws. 2025; 14(4):55. https://doi.org/10.3390/laws14040055
Chicago/Turabian StyleSchulz, Jennifer Sarah. 2025. "Resolution After Medical Injuries: Case Studies of Communication-and-Resolution-Programs Demonstrate Their Promise as an Alternative to Clinical Negligence" Laws 14, no. 4: 55. https://doi.org/10.3390/laws14040055
APA StyleSchulz, J. S. (2025). Resolution After Medical Injuries: Case Studies of Communication-and-Resolution-Programs Demonstrate Their Promise as an Alternative to Clinical Negligence. Laws, 14(4), 55. https://doi.org/10.3390/laws14040055