*Disclaimer - this story contains a medical photo that many might find too graphic.
Ironically while actress Alicia Cole was in the hospital fighting a flesh eating bacterial infection, Necrotizing fasciitis (NF), her image was plastered on a billboard near the hospital and commercials were running with her with her posing as a medical professional. Nurses would recognize her and ask “Are you a doctor?”
Now, more than a year after her near death experience and with more than $1 million in doctor bills, Cole the actress has turned to education and patient activism.
She wants patients to know that hospital acquired infections affect 6 to 10 percent of patients and can be fatal. In cases such as hers, they usually are. And Cole adds they are largely avoidable through hygienic procedures and policies.
Through her website, she wants Californians to know that the state caps how much you can recover for pain, suffering and emotional distress following a medical error. These are known as non-economic damages and California caps recovery at $250,000.
That number was established by the state Medical Injury Compensation Reform Act (MICRA) in 1975 when a dollar bought what five dollars buys today.
She has hired attorney John Contos of Contos and Bunch who filed a medical malpractice lawsuit against the hospital in November. With the amount of recovery limited to $250,000 he admits his firm is one of the few remaining that’s willing to take these cases. But he likes Alicia and her dedication.
“She sees this as a bigger cause,” he tells IB News. “She is very invested in getting the hospital to accept greater responsibility and to avert infections like what she got” he says.
Cole recently testified to a state infection control committee about the need to disclose hospital infection rates to “put a face on the facts and figures.” California hospitals do not have to disclose that information and in October, Governor Schwarzenegger joined the hospital industry and vetoed a bill that would have forced hospitals to disclose their safety records for surgical procedures and infections.
She talks to IB News about her case, her cause and what she’d like you to know to avoid NF.
IB - How do know your infection came from hospital?
Alicia Cole – “The hospital has never assumed responsibility for my infection. Their position is that I had it when I came in. Before I went into that hospital I was completely healthy, an athlete. I was never sick, had no pre-existing conditions, no diabetes, no drinking smoking, asthma, allergies, nothing that would make me susceptible.
In fact I asked my doctor, I said “I’ve never had surgery before, what can I do to help you to help me to bounce back?” He said Alicia the stronger your stomach muscles the faster you’ll come back. So I was the queen of sit-ups, pushups, walking, and the treadmill. I trained for that surgery and all the doctors said that is one of the things that saved my life. There were three times they told my parents we don’t expect her to make it through the night.
IB – You want to amend the caps- what do you think would be fair?
AC - “I’m not even saying abolish it, I’m saying if you’re going to have a cap, make it equitable. You can’t come up with a number in 1975 and expect that to be fair in 2008. If tort reform and fairness is your objective there needs to be a cost of living adjustment on that cap to make it fair and reasonable in 2008.
I also tried to talk to the committee members about the need to educate our doctors and nurses on how to avoid these infections. If we eliminate the infection we eliminate the need to get an attorney and litigate and everybody’s happy. A doctor knows when you come into his office he needs to wash his hands. Studies show only half wash between patients. Some are offended but they already know. If you are doing this on a daily consistent basis it will naturally bring down the hospital associated infection rate. And if you are not, you need to make that public.
If you go to a restaurant there is a rating, an A,B,C,or D on the window. You know how clean it is by the letter on the door. They have to pay fines if they don’t meet the cleanliness standard. Hospitals are only inspected once every three years by joint commissions. I would say hospitals are equally important as restaurants. Why aren’t we having inspections of hospitals with the same frequency?
IB – Before this happened to you, did you know what tort reform was?
AC - "The extent of my medical knowledge was to go to acupuncture if you have any problems. The only thing I ever had was cramps. I had no idea. That’s why I’m so adamant that this has got to change.
It’s just not common knowledge, not something you talk about and when you do hear tort reform you hear frivolous lawsuits and how they are making your health insurance go up. You don’t hear from victims who can’t get an attorney because the caps prevent them from taking your case. You don’t find out about people fighting to get their records because the hospital won’t give you records. Outside of getting an attorney, how are you going to get the records?
These things you find out when it happens to you. It’s not casually discussed. That’s why most people don’t know. I could not believe all the things I’ve found out. When I sent out all the emails to my friends, I would say wow, I was so shocked, my family would be appalled and flabbergasted because whoever thought a woman whose son died after three days in the hospital (from MRSA) could not get an attorney.
I used to teach school for a little while. So I feel like my whole life has prepared me for this. I know God is using me. Many years ago I worked as a paralegal but nothing to do with healthcare. I had a little understanding of the legal process but that was a lifetime ago. I’ve thought, how can I help now that it’s happened to me because I can’t go back and I’m not going to ferment on things that have gone wrong.
The answer is to be my best advocate and to honor my promise in the ICU to prevent this from happening to somebody else.
IB – Is this far more prevalent than anyone knows?
AC - It’s a dirty little secret. I could not believe it, I get calls or email at least once a week from someone. People want to know what should I be doing? Every time I turn around there are people who want advice or want someone to listen to understand what they are going through. It’s very emotional on so many levels. Healing is what I’m doing and I’m sharing.”
Alicia Cole Actress and (top photo) Model promotional shots
(bottom photo)
*Disclaimer- graphic photo of flesh-eating bacterian infection many may find too upsetting
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