Legal Question in Medical Malpractice in California

On january 29, 2009 i was involved in a 9 car accident. I had gone to a hospital the night before for pnemonia treatment and i was given vicodin, cough medicine with codeine, atavan, albuterol, and morphine and then was released at about 430 in the morning. Within 20 minutes of leaving i hit 9 cars on a surface street. I dont remember anything. I have been fighting a dui and under the influence case over this for the past year and a few months, and this last thursday the DA finally dropped those charges and i took a pledase for excessive speed on a surface street. My question is am i now able to go after the hospital for medical negligence? I dont want this to ever happen to anyone else, because someone could die next time. Im in a decent amount of physical pain in my neck and my back, especially anytime im on my feet doing harder labor for a great deal of time. I also have a restitution hearing coming up (i had insurance but not enough to cover everything). Do i have grounds for a lawsuit? Please help? I need some guidance on this


Asked on 3/26/10, 9:03 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Congratulations on beating your DUI. You might be able to get rid of these peoples' accident claims in a bankruptcy. The hospital gave you written discharge instructions, which listed the drugs given to you and which stated the drugs could affect your driving. You didn't have to drive home. I think you will have an uphill battle selling your case to a jury, and while the hospital may have been partly negligent for kicking you out at 4:30 AM under the influence of all these drugs, you'll also have a tough time getting a lawyer to take your case against the hospital.

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Answered on 3/31/10, 10:37 pm
Terry A. Nelson Nelson & Lawless

I can almost guarantee you that the medications came with standard warnings 'do not drive, etc" orally from the doctors, in your discharge papers, and on the bottles. That is not a case I would take your money for.

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Answered on 4/01/10, 4:23 pm


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