Legal Question in Health Care Law in Georgia
In February of 2008, my husband was rushed to our local hospital. He had double pneumonia and had been prescribed a new medicine that he had had a severe reaction to. While in the ER, a nurse brought a young girl who looked to be 15-16yo to my husband's room and said to her (while pointing her finger at my husband)..."You see that? That's what a drug overdose will do to you. That's what happens to you when you take a drug overdose!" The young girl snickered and then the two of them casually strolled back to the room the young girl was in. As the nurse walked back up the hall to me, I confronted her with some questions. She admitted that what she had done was wrong and that no one had told her that my husband had taken an overdose. I contacted the nurse that was working with my husband and then she contacted the head nurse in charge. They both admitted what the nurse had done was wrong and that they all knew that my husband had not taken an overdose. They assured me that she would be "talked to" and that this would never happen again. Please let me know if I have a right to file a claim against that hospital.
1 Answer from Attorneys
There are no monentary damages and no malpractice, hence there is no legal case. While the hospital should fire the nurse, and you should report the nurse to the state board and hospital administrator, your only remedy is an apology. And that's happened.
Certainly follow through and complain to get her fired or suspended. You'll get further with that if you don't mention your non-existent legal claim.
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