Kirkland, IL asked in Medical Malpractice for Illinois

Q: What can I do about an act that a nurse took in Dec of 2010 but asked about the act in Jul 2011?

I had a total right knee replacement on December 20. Then December 22 I was given two shots of a medication I did not ask for & did not want but was told I had to take anyway. I told the nurse that I didn't want the shot but she gave me the shot twice in my right arm when it should have been in the fat of the rear. The medicine was for nausea. I never had an issue with nausea because I was not put totally under. Since the shots I have had problems moving my right arm & residual pain. What can I do if the hospital takes the nurses side when she says she does not remember me yelling & crying for her to NOT give me the shot? As of July 2011?

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1 Lawyer Answer
Robert D. Kreisman
PREMIUM
Answered

A: The hospital records would show whether or not this medication was given and for what reason. It is doubtful that there are any notes in your chart about what you or the nurse said to each other. Unless you have some permanent injury that can be associated with negligence, I don't know that you would able to prove a case from the facts you have given.

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