QUESTION
Could you call this situation medical negligence?
Asked on Feb 14th, 2013 on Medical Malpractice - Maryland
More details to this question:
My grandson was scheduled to have his adenoids removed along with plugs put in his ear. After giving my grandson a liquid sedative and roll him back, after about 15 min, he returned saying that everything went well except. Apparently, the health professionals could not find a vein to start an IV. The ENT surgeon wanted to cut an incision in wrist to start an IV. We said no, so they cancelled surgery. The adenoids have given so much pain to my grandson. The surgeon stated that he could not start a vein because it is not hospital policy. My grandson was screaming in the recovery room once he woke up. We have elected to call and make a complaint with the hospital but not the surgeon. The surgeon placed tubes in grandson ear but could not remove adenoids due to not finding a vein in my 2 year old grandson. We have elected to postpone surgery until May when he turns 3 years old.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
at
John J. Ratkowitz
Update Your Profile
I don't think you have a viable medical malpractice case. Even if you could demonstrate that someone did something wrong, the case is not financially viable, because you will not be able to prove that the care provided was responsible for causing his problems.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
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.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
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 Feb 14th, 2013 at 11:23 AM