Legal Question in Medical Malpractice in Ohio
is compensation due?
my grandma, who is 89 yrs old went to a cols. hospital for an outpatient surgery. after the procedure, when they were turning her on her back, they cracked the upper portion on her right arm. she has been in a nursing home since the injury. prior to this, she was able to live at home. is the hospital responsible for her nursing home charges, since she wouldn't be there in the first place, if they hadn't broke her arm? the nursing home requested all the records from the hosp. for me and the only thing they would forward were a psyche evaluation and some labs. no records of the injury were sent. thanks for your help
1 Answer from Attorneys
Re: is compensation due?
In order to pursue an action against the nurses and the hospital that employed them, it must be proven, to a reasonable degree of medical probability, that the nurses were negligent and that the negligence of the nurses directly and proximately caused the injury. Also, the nature and extent of the injury must be determined.
In order to determine these factors, the medical records must be reviewed by a nurse to determine if the nurses at the hospital were negligent. A physician should also look at the records to determine the nature and extent of damages.
Once this has occurred, your question with respect to the nursing home bills will be answered. If the nurses were negligent and their negligence directly and proximately caused the injury to the arm, and your grandmother is in the nursing home only due to the injury to the arm, then they would be liable. Remember, however, all these elements must be found by a jury in order to recover.
If you have any questions, please feel free to call me at 614-464-4644.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
