QUESTION
Is it medical malpractice for a nurse to leave a patient suffering from respretory arrest alone out of bed sitting in a chair.
Asked on Jan 18th, 2013 on Medical Malpractice - Texas
More details to this question:
My wife had a minor heart attack. During treatment it was discovered the also had lung cancer. She was having a lot of trouble breathing and was hospitalized. After 3 weeks was having increasing difficulty breathing. The nurses told her if she had to get out of bed for any reason to call them so they could help and watch her. She had begun falling down when standing and could not breath She received her first dose of Chemo. The following Saturday morning a nurse helped he into a bedside potti chair and then left alone. 6-7 minutes later found my wife slumped over in the chair. They say she had a slight pulse. A code blue was called and they rushed her down to ICU while performing chest compressions on her. They say they ultimately used the paddles on her to restart her heart. Due to the extended time of either too little or no oxygen my wife suffered permanent brain damage and could not breath on her own. We had to disconnect life support and let my wife die.
1 ANSWER
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John J. Ratkowitz
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I am sorry for you loss. I imagine that this is a very difficult thing to go through.
I think there are a couple of obstacles to a medical malpractice case. First, I am not clear what caused her to lose her pulse, but that could have happened in the absence of negligence. The argument that accepted standards of care require someone with a fall history to be attended to while upright, and if this had happened they would have called a code sooner has logical appeal. I guess it is a valid argument if when she was in her bed they would have had her continuously monitored.
I think the real issue in the case is going to be whether it is financially viable. Your wife was elderly and she had underlying health issues, and these things collectively make medical malpractice cases difficult to pursue.
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 Jan 20th, 2013 at 5:07 PM