QUESTION
What can I do if I found a roach in my hospital food while eating while being treated for nausea and abdominal pain?
Asked on Dec 10th, 2012 on Personal Injury - Montana
More details to this question:
Was bought to my room was seen my nurse I took pictures have witness and threw up right after and to be given nausea medicine.
11 ANSWERS
Ronald A. Steinberg
Huge case. Maybe worth a few hundred dollars.
Answered on Jun 25th, 2013 at 10:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Complain to the supervisor.
Answered on Dec 14th, 2012 at 8:12 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Not a great deal. If you were being treated for nausea, your throwing up probably could not definitely be ascribed to the cockroach. Obviously you will want to tell the hospital and be sure they correct their sanitation. There may be some outside authority you would also want to tell. But it does not sound like you have enough damages to justify a lawsuit at least not yet. In the meantime, if you will pardon the levity, cut your food into small pieces and chew it thoroughly. Good luck.
Answered on Dec 13th, 2012 at 9:53 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Bugs in food cases usually are not worth bringing to court. You can complain to the hospital, perhaps even squeeze a few dollars from them by threatening a suit.
Answered on Dec 12th, 2012 at 2:37 PM
Food is considered defective if it is delivered in an unreasonably dangerous condition or otherwise not fit for consumption. In this case, food containing a roach is considered adulterated under Nevada law. You have a products liability claim against the hospital and are entitled to compensation for medical expenses and emotional distress. I suggest you hire a lawyer to negotiate a settlement if the hospital or its liability insurance company are not willing to fairly resolve your claim directly with you.
Answered on Dec 12th, 2012 at 2:37 PM
Initially, report the matter to and file a claim with a hospital's head or administrative's office if you have't already done so to see if it can be settled without litigation.
Answered on Dec 12th, 2012 at 2:20 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You probably have a minor claim given the situation and damages which you have described. I would certainly not wish to pay the hospital for the nausea medicine unless you are taking it for some other purpose.
Answered on Dec 12th, 2012 at 2:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Tell them you won't pay the bill for the food or the nausea medicine. Also, you can file a complaint with your state board of health. Before you do, read over a couple of times, then have someone read it out loud to you so that you know you have all your spelling and grammar correct. Make sure all of your statements are factual and not opinions, guesses or assumptions. Keep a copy of everything you send and politely follow up once every three weeks or so. These things take time, but they do take them seriously, so be patient.
Answered on Dec 12th, 2012 at 2:17 PM
Consult an attorney. Typically, negligence claims have a three year statute of limitations. Your attorney would be in the best position to evaluate the strength of your claim and your damages. If there were no lasting effects from the incident, damages will be modest. However, the hospital may want to settle the issue. Each case is unique and no lawyer client relationship is established by this response, nor should you rely upon an email response to a generic question without consulting with an attorney.
Answered on Dec 12th, 2012 at 1:39 PM
Business Attorney serving Newport Beach, CA
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NextGen Business & Wealth Preservation
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The value of the claim, assuming the hospital was negligent, would be so small that it would not be worth litigating.
Answered on Dec 12th, 2012 at 1:39 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. Roaches are a part of life.
Answered on Dec 12th, 2012 at 1:38 PM