Legal Question in Medical Malpractice in Michigan

My question is regarding falsification in the medical record and inadequate care in ER with a serious injury. My 22 yo daughter was seriously assaulted by her boyfriend, she was taken by ambulance to a community hospital. She had been kicked in the face 20 times, thrown about the bathroom where she sustained a head wound (avulsion) requiring 10 staples, and multiple bruising from being struck by a pool cue stick that was broken over her body, and her head held under the bath tub faucet to drowned her. She was given Morphine and Zofran 4 times in four hours with the last dose given 10 minutes before her discharge where she was not even offered a wheel chair to her friend's car. The medical records had inaccurate data recorded such as: a pack a day smoker (daughter does not smoke), her head hit a wooden cabinet (her head was smashed into a tiled bathroom including toilet, her pain level at discharge was 3 (she stated always 9 or 10). Multiples falsification of the medical records according to my daughter and her girlfriend that was with her can speak as her witness. The ER was not even busy that night. I took her to another hospital later where she was kept for 24 hours for observation for the head injury. I believe her care did not comply with the standard of care. The falsification of medical records is serious since the records will be used in the criminal case. My daughter was taken by ambulance to this hospital, her girlfriend was with her the entire time and has verified that medical information was incorrect. The medical records will be used in the criminal case. My question is can I sue for inadequate care and falsification of medical records even though my daughter did not physically suffer from this. I'm a RN and I'm angry that she was not observed for a closed head injury and that the charting was falsified by a lazy employee. Morphine and Zofran in four hours...then told to walk out to the parking lot is substandard care. Were they not concerned about her safety...falling after all that medication. I had to take her to another hospital for further care. Does the family always have to safegaurd the patient ? Can I sue to change this hospital's practice in the future. I talked to the hospital patient advocate with no resolution to my concerns. I can not afford a lawyer unless I have a good case. Does a patient have to suffer adverse complication before a hospital can be sued for inadequate care. It sad that there always has to family member to watch over the care the patient is receiving in a hospital setting. Please advice.


Asked on 9/10/09, 1:10 am

1 Answer from Attorneys
Renee Walsh LawRefs Nonprofit

To prevail in a medical malpractice complaint, one must prove duty, breach, causation, and damages. Therefore, your daughter must have an injury resulting from the actions/inactions of the practitioners.

Falsification of the records would be a separate complaint.

If you have further questions or concerns, please contact me vie my website at www.lawrefs.com.

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Answered on 9/15/09, 1:29 am


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