Legal Question in Medical Malpractice in California
Mother fell broke hip & elbow in hospital, given wrong medication
My 88 y/o mother who has been healthy, living on
her own, tripped at her condo, fell to the ground, taken to the
hospital, admitted into intensive care unit. Diagnosed with 3
fractures along her mandible, with a small subdural bleed. She
was in the ICU for 6 days, hospital was in the process of
discharging her. A registered nurse placed my mother
into a chair and left the room. My mother thought she was to
follow the nurse, stood up and fell. An x-ray was take and she
now has a fractured hip bone. As we were caring for her, she
complained of her elbow hurting, insisted on an x-ray. Her
elbow was also broken from the fall. She went into surgery to
have her fractured hip and elbow repaired. The doctor made a
MEDICATION ERROR. He gave my mother Heparin which he
knowledge was a medication error and gave her an over dose
of Heparin. The surgery was stopped, and done 3 days later.
Due to the neglect of the registered nurse and the
doctor's MEDICATION ERROR.
Can we have this hospital pay for her to live in a skilled
nursing home? What are our rights? or should we sue for
money?
1 Answer from Attorneys
Re: Mother fell broke hip & elbow in hospital, given wrong medication
IF you have a doctor willing to testify that there was medical negligence in her treatment with Heparin, and that the negligence caused her demonstrable damage in some form, you could sue. You must have such testimony to be able to sue.
If you can prove that leaving her in a chair was 'negligent', then that cause of action can be brought in the Complaint as well. The hospital policies on that subject will be relevant.
In either case, feel free to contact me for legal help if serious about pursuing this, if the case is in SoCal.
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