Legal Question in Health Care Law in California

Hi, about 2.5 months ago a friend of mine's father fell and broke his neck in a freak accident. After his stay in the hospital he was released to a rehab center. Once there he was sent back to the hospital and a feeding tube was put in, and they sent him back to the rehab center.My friend noticed he was still thinner and seemed to have an extreme fever. After more than a week, the rehab center contacted my friend and told her that he had mrsa. They now inform her that he is no longer a candidate for rehabilatation, and that the feeding tube had somehow become detached, possibly for 2-3 days. Please help us! Thank you


Asked on 10/02/09, 5:55 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

I'm sorry to hear about your friend's father's plight. The first thing your friend should do is seek appropriate medical evaluation and care for her father. There might be health care advocates or social workers at the hospital who could pitch in to give you a hand. Definitely, your friend would not want to send her father back to the same rehab center. Then, once his condition has stabilized and the MRSA is eradicated -- within 1 year -- speak with a lawyer to review the records and see if there is anything legally that could or should be done.

If the feeding tube was out for 2-3 days and it caused additional medical problems for her father, then there might be professional negligence that is actionable. Also, a lawyer should review whether MRSA is a foreseeable risk, or whether the rehab center is not observing appropriate sterile and cleaning procedures.

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Answered on 10/04/09, 7:34 pm


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