QUESTION

Is it grounds for a wrongful death suit if a patient was given too much medication in the ER and resulted in death of that patient?

Asked on Jul 30th, 2012 on Wrongful Death - Virginia
More details to this question:
The patient was a vibrant 36 yr old that unfortunately suffered from chronic back pain due to a herniated and buldging disk in their back. The patient, whom was opiate naiive, presented in the ER with severe lower back pain and was given 10mg of Morphine IM and 4mg of Dilaudid IM within 1 hour and 36 minutes of each other. Respirations were not monitored and the patient was sent home less than 30 mins after the Dilaudid injection was given. The patient expired during the night from pulmonary depression
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The dosage of the drugs does not stand out as something that is suspicious, although that does not mean you do not have a medical malpractice case. How do you know that was the actual dosage received? Was the decedent on any other medication that would have exposed him further?  Given the outcome, at the very least, you should contact a local medical malpractice attorney (one in your state), so that the pertinent records can be reviewed.  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. 
Answered on Jul 31st, 2012 at 4:22 PM

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