QUESTION
Do I have a case if a tape was put on me that I was allergic to on surgery, spent night in ICU and had additional expense due to their error?
Asked on Nov 05th, 2012 on Personal Injury - California
More details to this question:
It was on my record, they asked and were told numerous times. When I came back I had tape all across my neck and it was raised up two inches, red and I could not breathe. My daughter had to stay on them to get them to give me something to open me up and help me breathe. Had she and my husband not been with me I probably would have died.
9 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, write a nice demand letter to the head of the hospital, tell them how much you want and how paying you would help them avoid looking stupid in the area's newspapers.
Answered on Nov 10th, 2012 at 4:09 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't get paid in a claim for what might have been. You get paid, if you have a claim ,for what did happen. I assume since you did not say, that you are OK. You had a difficult spell because off what you say is "their error" do you have some significant damage as a result, do you have a doctor to testify for you that what you say is an error is in fact an error? That is where you have to start.
Answered on Nov 07th, 2012 at 8:25 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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I doubt you would have died. Who is paying the bills? They should complain but it won't do much good.
Answered on Nov 07th, 2012 at 8:25 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It sounds as if there was an error, and if they were informed probably negligence. Depending on your damages, you may wish to see an attorney. I would first speak with the hospital and ask them to remove all additional charges occasioned by their error. If they refuse to do so, then is the time to seek legal counsel.
Answered on Nov 07th, 2012 at 8:24 PM
You should consult with a mkedical malpractice lawyer for specific legal advice.
Answered on Nov 07th, 2012 at 8:22 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You probably do, in theory. However, unless you have some permanent impairment that has resulted from this incident, there may not be enough in damages for an attorney to take the case. If may depend on the amount of the extra expense (the hospital probably should waive payment on the extra bills that they cased).
Answered on Nov 07th, 2012 at 8:22 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes. In my view, the conduct you described takes this situation out of the malpractice area and qualifies as negligence. Even so, medical liability companies fight hard, so be prepared that it might be difficult finding a lawyer who will take your case.
Answered on Nov 07th, 2012 at 8:21 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Maybe, but whether it makes practical sense to bring a medical malpractice case (which will be incredibly expensive) depends on how badly you were hurt. I recognize that you might have died if your daughter and husband had not been with you, but fortunately they were, and even more fortunately of course you didn't die, but you cannot bring a claim for an injury (death) that did not happen. I'd be interested in knowing what kinds of injuries you did suffer, and how long they lasted. If you'd like to talk about it further, please let me know.
Answered on Nov 07th, 2012 at 8:21 PM
It sounds like you have a case since they were told not to use the tape. The question will be in a case like this, what is the value of the case. How much were the extra costs? How much are the lost earnings? Medical malpractice cases are very difficult to win (even clear cut ones) and expensive to litigate. You should discuss the case with a lawyer who practices medical malpractice (and there are fewer and fewer of them in California) to see if they would want to take on your case.
Answered on Nov 07th, 2012 at 8:21 PM