Legal Question in Medical Malpractice in Pennsylvania

Mom Hit By Nurse While In Comatose State

I would like to know if I can do anything legally to the hospital where my mother is currently situated if a nurse punched her shoulder? I let them know immediately about it and spoke to a patient advocate who did not seem interested. I do not feel my mother deserved such treatment.


Asked on 3/10/08, 9:30 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Mom Hit By Nurse While In Comatose State

I�m very sorry to hear of your experience.

You posted your question on the medical malpractice forum. If any of the panel members saw a potential medical malpractice case, you would have been invited to call them.

Personally, I am outraged by what you describe, but I also would not take this case.

This is partly a matter of proving what happened, partly a matter of proving damages, and partly a matter of insurance, which may not cover an �intentional� act.

What you describe may be not so much �medical malpractice� as opposed to battery, which can be handled by any personal injury lawyer.

This is my opinion only. I encourage you to inquire further, including calls to medical malpractice attorneys, if you wish to pursue this.

You might review the �Patient�s Bill of Rights� and consider discussing your question with a specialist in civil rights, health care law, elder law or personal injury, through this web site OR you could contact your local Bar Association for a reasonably priced initial consultation with an attorney in one of these areas.

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Answered on 3/15/08, 5:27 pm


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