Legal Question in Civil Rights Law in California

hospital negligence of feeding tube
the hospital nurse admit that a feeding tube inserted into my grandmothers stomach was defective.
it is a feeding device that should have a balloon looking item attached to the end. my grandma is not hurt by it but she had to do another surgery to fix it. can i sue the hospital ? even fi nobody was hurt?

Asked on 11/17/07, 11:43 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Re: hospital negligence of feeding tube

No. Your grandmother might have a claim for medical negligence, but not you.

Answered on 11/18/07, 12:28 am

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Terry A. Nelson Nelson & Lawless

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Re: hospital negligence of feeding tube

YOU can't sue the hospital, you weren't the patient. If Grandma isn't 'hurt', then she has no grounds to sue.

However, having 'another surgery to fix it' sure sounds like something was wrong. If that means they found a defective product and had to replace it, even though doing so didn't cause her any actual physical injury, then her grounds for suit are the second surgery that was otherwise not needed but for the error about the tube.

Thus, YES she could sue, as long as she can get a doctor willing to testify that what happened was due to medical negligence, and that it harmed her [extra stress on a frail body, extra costs for surgery, etc].

With all that, feel free to contact me if serious about discussing the facts and her rights and remedies.

Answered on 11/19/07, 12:39 pm

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