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Q: ICU Syndrome ( No Answer,   2 Comments )
Question  
Subject: ICU Syndrome
Category: Relationships and Society > Law
Asked by: gabriel99hill-ga
List Price: $75.00
Posted: 09 Mar 2005 17:25 PST
Expires: 20 Jul 2005 18:17 PDT
Question ID: 490587
ICU Syndrome is described in this link: http://www.encephalos.gr/38-3-04e.htm

1) I want to know if there have been any lawsuits filed concerning
medical malpractice (due to a patient with ICU Syndrome) in the United
States, including detailed information about the case (lawyers,
verdict etc)

2)Are there any legal firms or individuals that specialize in this, or
something closely related to it.

3)Anything documenting the syndrome (legal or otherwise) would be
iceing on the cake

Ultimately, a family member of mine is suffering from ICU Syndrome,
and I would like to take some sort of legal action.  The statute of
limitations is up in less than 4 months, so I need to act quickly

Request for Question Clarification by pafalafa-ga on 09 Mar 2005 19:07 PST
Gabriel,

Thanks for bringing your questions to Google Answers.

There is certainly some mainstream medical information on ICU
syndrome, which you may already be aware of.

However, before looking for legal cases on the topic, it's important
to realize that one possible outcome of an in-depth search is that
nothing much turns up.  That is, either their are no cases pertaining
to ICU syndrome, or the cases that do exist haven't shown up in the
legal databases.

Are you willing to risk an answer that might say: Sorry, but there's
nothing much out there in the way of lawsuits....?

If so, I'd be willing to have a look for (legal case work can be quite
time-consuming, which is why I want to clarify things with you first).

If that sounds too risky a proposition, perhaps you can suggest an alternative.

Looking forward to hearing back from you.

pafalafa-ga

Clarification of Question by gabriel99hill-ga on 14 Mar 2005 05:21 PST
Ok Hold off on ansering this question, might not be worth $75 if i
dont get an answer.

I will post something else in the next couple days

Thanks
Answer  
There is no answer at this time.

Comments  
Subject: Re: ICU Syndrome
From: drdeftly-ga on 10 Mar 2005 09:33 PST
 
ICU syndrome exists, and is often diagnosed, but the notion that there
are long term (0r even short-term) health consequences has NEVER been
sustained in the medical literature.

ICU syndrome is a state of disorientation, altered mental status or
near psychosis that occurs in ICU patients.  This happens in long term
ICU patients especially.

The causes are not all that hard to understand.  Most ICU patients are
restrained.  They have multiple IV tubes, central lines, monitors, and
many are intubated and on a ventilator.  Many require large doses of
pain medication and a few require paralysis to kee them safe in the
ICU.  And, MOST ICU patients are either severely injured or VERY sick.

Thus, even a very HEALTHY person would get a bit "flaky" mentally if
restrained and drugged under similar circumstances.  Defense
Department studies concerning sensory deprivation alone have
documented as much.

The mental status changes are unfortunate, but are often unavoidable
in those requireing hospitalization in the ICU.  AND, for the VAST
majority of ICU patients, ICU syndrome resolves on its own.  As the
patient improves physically, the mental status improves as well.  The
stonger narcotics and other medications are withdrawn.  And the
patient generally is transferred from the ICU to a standard medical
bed on a patient floor.  Altered mental status can often be cause for
keeping the patient in the I.C.U. ---- but if this happens, "I.C.U.
Syndrome" is NOT an acceptable diagnosis.  A medical cause for the
mental status changes has to be found.

If you are trying to sue someone or a hospital for "ICU syndrome," 
don't waste your time.   The diagnosis itself is not well regarded in
medical circles.  And if the "syndrome" does not resolve on its own as
the patient improves, some OTHER cause must be medically investigated
and diagnosed as being the underlying etiology.

Don't bother suing on this.  ONE medical expert testifying for the
defense will blow your entire case out of the water.

There HAS to be another diagnosis linked to specific, identifyable
medical malpractice.  There has to be a tort to get your suit started.
 There has to be a medical wrong to sustain your case.

Suing over "ICU Syndrome" is like suing a hospital because you feel
BADly after having been admitted to the hospital for a heart attack.  
 If you feel bad in the hospital, its because you are SICK!

The medical literature will support my assertions here.  The legal
case law will support this as well.  That is, if you can find any case
law dealing with something so ridiculous.

Dr. Deftly

My professional advice:  don't waste your money.

Dr. Deftly
Subject: Re: ICU Syndrome
From: expertlaw-ga on 12 Mar 2005 13:56 PST
 
While I agree that case law research can be quite time consuming, that
tends not to be the case when looking for a specific term in the
available online databases. WestLaw and Lexis both offer databases
comprised of all state and federal case law, and a search for ("ICU
Syndrome" or "intensive care unit syndrome") should bring up any case
in the database which includes those terms.

However, to the extent that there are any cases which might be of
interest, they are most likely to exist at the trial court level, or
perhaps even exist only as dismissed lawsuits, and are thus unlikely
to appear in the online databases. Unless information shows up through
a service like ATLA Exchange, or similar service by a lawyers or
insurance company group which collects such information for the
benefit of members, finding such information amounts to looking for a
needle in a proverbial haystack, and in many courts the information
could be found only through a manual review of records.

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