QUESTION

After I had surgery I was sent home after only about an hour in recovery. I was barely coherent and needed help getting dressed and had to be reminded to breathe. After I got home I stopped breathing completely and my friend had to call 911 and do rescue breathing until paramedics arrived. I was taken back to the ER and was told I had a reaction to the pain medicine I was given after surgery. Can I sue the hospital and make them pay for the resulting bills from this incident? Would I be awarded anything further for emotional distress? Thank you in advance.

Asked on Sep 18th, 2012 on Medical Malpractice - Nevada
More details to this question:
After I had surgery I was sent home after only about an hour in recovery. I was barely coherent and needed help getting dressed and had to be reminded to breathe. After I got home I stopped breathing completely and my friend had to call 911 and do rescue breathing until paramedics arrived. I was taken back to the ER and was told I had a reaction to the pain medicine I was given after surgery. Can I sue the hospital and make them pay for the resulting bills from this incident? Would I be awarded anything further for emotional distress? Thank you in advance.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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You probably should have been kept in the hospital and observed rather than discharged. Nevertheless, if you fully recovered with additional care, you probably do not have a financially viable medical malpractice case.  Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.  Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. 
Answered on Sep 18th, 2012 at 9:44 AM

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