Legal Question in Medical Malpractice in Minnesota
Methadone overdose
Our grandaughter was born September 3. On September 10, she underwent open heart surgery. She spent 13 days in Pediatric Intensive Care.
On September 23, she was moved to Intermediate care. On the morning of September 24, her mother and a nurse had bathed her and her mother was rocking her. The baby suddenly fell ''to sleep'', and then started turning blue. A code blue was called, and the baby was resusitated. The nursing staff readily admitted that she had been given an overdose of methadone. We have not yet learned if it was a nurse's mistake, or if the doseage was entered into the chart incorrectly.
The question is, of course, do we have grounds for a malpractice suit?
1 Answer from Attorneys
Re: Methadone overdose
It is difficult to know whether there is a malpractice claim or not based on the information given. To have a claim for malpractice you need to show that the doctor or nurse failed to follow the standard of care. If there was in fact an overdose that may be a claim for malpractice. However, such claims are very expensive to bring and unless there was serious injury to your granddaughter it may not be worth while to bring such a claim.
Our office is not able to represent you or your granddaughter regarding this claim. You should know that there are limits in the time period you have to bring such a claim. I would recommend that you immediately contact an attorney near you to discuss in more detail the facts of this case.
Good luck.
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