Legal Question in Medical Malpractice in Wisconsin
No pain medication after surgery
I had surgery in 2-2003 and was in excrusiating pain all day&night. I was advised that I was given 1 mg of moprhine in the IV drip Vial. After checking & pursing why this happened, the hospital finally wrote me a letter advising me that the Lab that manufactured the morphine had labeled it wrong. It was stated on label, 1 mg. but I was only getting 0.16 mg the hospital told me in writing. They advised me all the vials from their hospitals were recalled and reported to FDA on 2-25-2004. I inquired the past 6 wks to the hospital to get the Vial # on that drug. They would not return my phone calls.I called the FDA and they went through all their recall cases this year no morphine with the above specifications were recalled. The hospital now
called me& would like me to meet with me to discuss this case.I have no idea what to say or do. They not only let me continue with my pain (negligence without changing to a
diffent medication) but they lied to me about the recall.
What do I do at this meeting. Should I bring a legal counsel and if so what kind of att.I believe the hosp would like this settled so I am out of their hair. Would the att. get a % of a settlement if offered that day, or just what
I pay him for his time?
1 Answer from Attorneys
Re: No pain medication after surgery
Although there appears to have been a mistake made, your claim is not the type of claim that most lawyers are willing to handle on a contingent fee because of the somewhat limited potential recovery. However, if you could find a lawyer willing to handle your claim, you might be better off having such a lawyer represent you. It is pretty rare that a hospital will actually agree to pay fair compensation for a claim such as yours. You could go to the meeting just to hear what they have to say and then decide what to do about trying to hire a lawyer. The lawyer might want to charge you an hourly fee rather than a contingent fee because of the limited potential recovery.
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