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Justice

My mother had part of her colon removed and her bowel reconnected\. Five days later, emergency surgery found that the connection was leaking infected fluid and bowel contents into her abdomen\. She needed medication to support her blood pressure during surgery\. Her abdomen was temporarily left open, with a planned operation the next day to wash it out and close it\. Our concern is whether her changing condition received adequate reassessment before that emergency\. She recalls repeatedly telling staff that she felt septic, had experienced sepsis and peritonitis before, and recognized a similar feeling\. She recalls a nurse saying she could not be septic without a fever, and replying that she does not usually develop fevers\. She describes desperate attempts to be heard, including pleading on her hands and knees\. These are her recollections; not every exchange is independently documented\. Two days before the emergency, nursing recorded worsening right\-sided abdominal pain, difficulty eating solids, and inability to walk in the hall because of pain\. She says she left the bed to get help and fell because she could not walk\. A rapid\-response team attended\. A doctor examined her, pain medication was ordered, imaging was deferred, and the surgical team was contacted\. In the records reviewed, our family has not located a separate surgical examination documenting the requested follow\-up\. That does not prove no examination occurred\. The next day, pain continued and creatinine, a kidney\-function marker, rose from 0\.9 to 1\.6 mg/dL\. Small urine volumes prompted notification and IV fluids\. Later entries described abdominal bloating and no longer passing gas\. Overnight, a nurse reported unrelieved 10/10 abdominal pain to a surgical physician assistant\. The recorded response was an order for IV lorazepam, a medication used for anxiety\. We need to establish what abdominal examination, senior surgical discussion, or diagnostic reassessment accompanied that order\. Another rapid response followed for chest/upper abdominal pain and a sustained pulse in the 130s to 140\. CT imaging and abdominal examination raised concern for a bowel leak and inflammation/infection inside the abdomen, leading to emergency surgery\. There are important counterfacts\. The chart includes reassuring examinations, normal white blood cell count and lactate, intermittent pain relief, bowel movements, walking, fluids, and provider assessments\. A message attributed to my mother praised one day’s team and said a doctor would probably do another CT; it does not prove imaging was ordered or cancelled\. The eventual CT did not directly identify the bowel\-connection defect, but the surgeon acted on the overall findings\. Her prolonged recovery included intensive care, transfusion, IV nutrition, abdominal infection, infected\-wound treatment with a wound vacuum, and C\. difficile infection\. Later medical records document large abdominal\-wall hernias\. Our family reports that she now spends about 90% of her day in bed, has severe pain, breathlessness and limited independence, and is on disability\. There is substantial caregiver and family strain\. However, earlier rehabilitation records document walking, she had pre\-existing limitations, and a later surgeon could not attribute all symptoms solely to the hernias\. The cause of her current disability needs medical assessment\. We also question whether metoprolol was reconciled correctly after she reported not taking it\. Earlier prescription history complicates this issue; we have not established a medication error or that it concealed deterioration\. We are seeking independent expert review of when further reassessment was needed and whether earlier treatment probably would have reduced particular injuries\. We do not know exactly when the leak began or which complications were preventable\. No treating provider has supplied a response to this account\. Please assess the clarity and persuasiveness of our concern, rather than decide medical negligence or predict a legal verdict\.

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Question for the jury

How persuasive is this account as a reason to seek independent review of possible delayed care?

The verdict

3–2–1

6 jurors voted

Majority350%

Yes. The warning signs and the hospital’s response deserve independent review.

233%

I can’t form an opinion without a medical expert’s assessment.

117%

Possibly. I need more detail about what staff knew, what they did, and when.

0

No. Based on this account, I don’t see a clear reason to question the hospital’s response

The Jury’s Read

You’ve shared a troubling account that resonates deeply with the jury. Many felt that your mother’s signs of distress were clearly highlighted yet seemingly overlooked, raising valid concerns about the adequacy of her care. The experiences you describe, including her fight to be heard, underscore a common frustration in patient advocacy that the medical system doesn't always listen. Some jurors are also urging you to seek documentation and clarity on staff responses, indicating that a careful review could illuminate whether her deterioration was preventable. While most see reason for an independent review, a few jurors emphasize the need for medical expertise to assess care quality definitively.

Where they split:

A minority felt more information was needed to form a solid opinion and suggested consulting a lawyer.

From the jury

Why they voted

shut_the_doorJuror

I am so sorry for what you are going through. It sounds an awful experience where it appears your mother was relatively well and now is living her life in pain with severe functional decline and family burden. You feel like her care could have been better. You feel that warning signs were missed. And that is a normal thing to experience for anyone who has seen a loved one have a life threatening complication in hospital- the deep feeling that they should have done something different. No one on this jury will be able to assess the clarity and persuasiveness of your concern. What I can advise you is to ask yourself what a good conclusion looks like. If you wish to make a claim I would strongly advise against this - you may be looking at years of your life and a significant outlay in solicitor’s fees and the NHS has deep pockets. If you wish for your concerns to be heard and look at how to prevent any errors from recurring, then arrange to meet with them and find out directly.

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TeamEJuror

There is definitely enough here to warrant a complaint to the hospital patient advocate or ombudsman! But whether or not anything happens beyond that is hard to say. As far as your writing goes, I'd simplify this account as much as possible with actual date/time stamps and bullet points. Best of luck!

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quietjuror0304Juror

As someone whose mother spent her last years in a nursing home, she developed sepsis. In reading your piece, the one thought I kept having was that your mother’s conditon was so grave, it’s literally a miracle she did nit succumb to this deadly situation, just amazing that she didn’t. I happen to be a trained as a lawyer having gone to an ABA approved law school in New York. Without even having to give this situation a second thought, the way this was handled deserves being investigated. There are numerous red flags. That I can say with 100% certainty. I knew that immediately upon reading this before getting to everything, that there was grounds for an investigation. The first was the leaking of infected fluid and bowel contents into her abdomen 5 days after surgery. That was the first thing you shared. I immediately knew an investigation was necessary. Then I continued to read and more evidence came out. 100% yes based on your facts this demands independent review.

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Tipman94Juror

I’m so sorry you’re going through this — it sounds tough to navigate. I think it really boils down to documentation — I know you said she exclaimed to staff that she felt septic. What matters is does documentation from staff in their electronic health record notes corroborate this. This is very legal based and not sure lay persons here are equipped to give you a worthwhile opinion — you’re best off consulting with a lawyer on this! Best of luck 🙏

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breakfastfordinnerJuror

What stands out to me is how many signs there seemed to be that something was wrong before the emergency surgery. I understand complications can happen, but worsening pain, trouble walking, and changes in kidney function seem like things that should have prompted a closer look. I think your concerns are reasonable, especially about whether something could have been caught sooner. I’d definitely want an independent doctor to review everything.

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MakoShark94Juror

The part that bothers me most is your mom feeling like nobody was listening to her. She knew something wasn't right, and given her history, I would hope that would've been taken seriously. I know hindsight is 20/20, and doctors can't catch everything, but I think it's fair to question whether her concerns were dismissed too quickly. I hope she gets some answers.

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