My fiance had severe food poisoning?

Question

We ordered food from a convenience store on Monday night. My husband ate his steak sub and i ate a chicken sub (both contained mayo). He went to work that night and was sent to the hospital because he could not stop vomiting. He was given IV's and meds to help with the cramping/dehydration/nausea. Is there anything that we can do about this legally? I did not get sick, which leads me to believe that it was the steak that was contaminated. The only other thing that he ate was a cinnamon roll very early that morning.......

can i do anything to recover the lost wages and possibly the hospital bill? His insurance has not taken effect yet...

The hospital stated that the white blood cell count was very high which is indicative of food poisoning...we also have paperwork from the hospital with that as the Dx.

he doesn't have sick leave because he is in his first 90 days of employment

Answer 1

It's virtually impossible to prove that bad food made him sick, unless you have saved the vomit and sent it to a laboratory for analysis. The fact that he ate the food and then got sick does not prove the food made him sick. Find out if the hospital lab processed a sample and checked for any of three different bacteria that cause "food poisoning." If you don't have tangible physical evidence you don't have a prayer of winning a long and very, very expensive court battle. If you see a lawyer, realize that the scum bag will almost certainly lie to you. Remember, he's not in business to help you find justice (that's what District Attorneys do.) If you hire a lawyer his only goal is to take as much of your money as he can get. Don't believe that "on contingency" scam either. He'll bleed you for every penny he can get. Remember, lawyers are professional liars. That's what they do. They lie for money.

What kind of company does your husband work for that doesn't have paid sick leave? Maybe he's self-employed?

Oh, yeah... Sometimes two people can eat the same contaminated food. One will get sick and the other won't. It is also common for people to get the flu and believe it's food poisoning. That's why, without laboratory proof, it's virtually impossible to prove that what he ate made it him sick.

Sorry. I know this isn't what you wanted to hear.

Answer 2

You could file a lawsuit. you would have to get a doctor or other expert to prove that it was that steak sub that caused the vomiting and food poisoning and stuff. It doesn't have to be proof beyond a doubt... So long as a doctor is willing to say that it was more likely than not, that steak sub, you could win. Otherwise, it sounds like a pretty solid negligence suit to me. You would be entitled to the medical bills as well as pain and suffering from his being sick, and compensation for the days of work that he misses from being too ill to work.

Food poisoning sucks... I got it on a college band trip to a bowl game right after Christmas. Of course I got sick the first day (TCBY in the airport: never again) and was sick the whole trip, but had to go with the band to practice and march in the game. I hope he feels better soon.

Answer 3

First you would need to get a solid diagnosis of food poisoning. Then you need to make a list of everything you both ate for the past three days.
If that was the only place you ate out at, then you might have something.
Find out if other people who ate there got sick as well, that also improves the case for food poisoning.

Answer 4

First thing you would need to do is prove that was food poisoning, and not a viral illness. Which can be very difficult to do.
Secondly, speak to the establishment.
Thirdly call the health department.
Fourth - if you feel strongly about it then contact and attorney.

Answer 5

Yes, file a lawsuit.