Can you file a malpractice suit against a hospital although the pt did not die?

Question

because of the hospital being so well known, I feel attorney's are afraid to approach this case. the patient was sent into full cardiac arrest and it took 15 minutes to revive the patient, there are burns still on the chest where the paddles were used, teeth knocked out of the mouth where extensive dental work is now going on, trying to put in resperator, and pt was on resp for day and a half, woke up with temporary amnesia, spent 5 days in critical care, and had to undergo other procedures due to an anesthesia error. My children and I went thru pure H, not knowing if he would live or die, and he went in for such a simple procedure, and now his medical record has been falsified stating unknown allergy. he has be advised by several medical professionals that this was due to an error there is no medication allergies. the same drug has been used on him several time since that date, the surgery was finnaly done correctly on 9/11/06

all those in health care are stating I should be happy he is alive, and I am. But to be getting bills daily, nasty cust serv reps when you are trying to get this taken care of, and no cooperation from the same place that almos killed him just really angers me, and we have spoke to 2 attorneys and have a call in to the third one and all are interested until they find out where he was, and this hospital is so well known no one will touch it. my family is really surrfering behind this and to just let it go, gives them an open invetation to continue being careless, and covering up the carelessness.

Answer 1

It would be extremely difficult. I lost my left leg after what was supposed to be a simple operation took a bad turn. 6 operations and a deadly infection later, I got to another hospital and doctor, and amputation or death were pretty much my choices.

I did talk to a lawyer, but they told me that malpractice isn't just the a doc could have done something alot better, but that he INTENTIONALLY cause harm. That is almost impossible to prove.

Of course, state laws differ, but don't hold your breath that you have a case. Something put that person in the hospital in the first place bad enough where his heart stopped.

At least he is alive. Count your blessings in that regard. Good luck

Answer 2

First, let me say that I am very sorry for your suffering. Second, I am responding as a Respiratory Therapist who practiced critical care and emergency room care for 20 years before spending my last 5 in diagnostics. I have no idea how many times I participated in CPR and every other aspect of life support during my career; the number is beyond counting!

As for the simple answer to your question, of course you can sue the hospital; this is America. Whether you are right or wrong you can sue somebody!

The real question is actually a complex moral and ethical one, where the lines between right and wrong are never clear. Did negligent behavior actually occur or was your husband the unfortunate victim of events that are a normal risk to the procedures.

If attorney's are afraid to take the case, then it's probably because there is no case. For example, burns from defibrillation are common and expected; spending 15 minutes to stabilize a patient while performing cpr and defibrillation and drug administration is common and expected; damaged teeth are another unfortunate event that we take care to avoid, but it happens even in the best of circumstances; amnesia is common after cpr; and so on. These are all undesired, but normal, sequelae accompanying life support measures.

Again, the real question about whether to sue or not is a moral, ethical, and situational one, not easily answered on YA. Your most important question re: this issue is do you really feel that negligent actions took place.

Good luck with your husbands and your families recovery. I wish you all well.

Answer 3

They say you can't fight city hall, but you can always try. You need to find a really good law firm that handles this type of cases, possibly with some lawyers that are also M.D. There's more of them than you think. My husband works as a paralegal for a prestigious firm that has several partners that are also licensed MDs

Answer 4

I would think you should be abor to file a malpractice suit. If the patient had died then it would be a wrongful death suit. I hope the person is doing better that what you described in your question, I will keep them in my prayers.

Answer 5

being a nurse...i have mixed feelings about this. lots of those things should have been avoided but they sometimes happen. being in life saving situations..alot.. the adrenaline is pumping and all u think about is saving a life. we as health care workers are just human but we work really hard for our patients..just remember when u think lawsuit....dont punish the ones who saved your loved ones life.

Answer 6

Yes you can. Unnecessary pain and suffering due to incompetent treatment, leaving items in patients. Of course.