QUESTION
Do i have a case? Nurse made a mistake.
Asked on Sep 18th, 2012 on Medical Malpractice - California
More details to this question:
while i was in the hospital a nurse used a latex catheter on me. I went into Anaphylaxis shock. it was a known allergy. for i had been cathed before and they were real careful about it. it was even written on a white board in my room. i had an allergy band on as well.i actually told her i was having trouble breathing they thought it was nothing ignored me. i went through the trash discovered the wrapper that stated it was latex. called the nurse on my call button told her. went through my purse and was forced to use my own epinephrine pen and had to request a doctor. where they had to get the crash team.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Clearly you received negligent care. The question is whether your damages warrant the time and expense of a medical malpractice case. If you completely recovered, then 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. I probably would not take on your case because I do not think I would be able to cover the time I spent on it with the fees I was awarded through a contingency arrangement. Nevertheless, attorneys have different standards. Some attorneys will take on cases that are less profitable because they do not have sufficient business to turn borderline cases away. Additionally, you may be able to convince an attorney to take the case on if you agree to pay the expenses along the way.
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.
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 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 9:41 AM