Bernville, PA asked in Personal Injury and Medical Malpractice for Pennsylvania

Q: I was intubated at A local Hospital on 3/15/2022 and as of 5/26/22 my voice has not returned.

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The intubation was done by a nurse anesthetist. It may (or may not) have been his first day! Since then, my voice is raspy/whispering without strength or volume behind it. All of my current drs have said I need to have it checked by a specialist. Unfortunately, I’ve been diagnosed with a rare, aggressive cancer and begin chemo next week. My life expectancy is maybe 18 months, if chemotherapy and radiation prove helpful. I’m now getting my care are In Hershey as I no longer trust Local Hospital. I am waiting to hear from their otolaryngology department. Is this a valid care to pursue? As an aside, I am a retired critical care RN from RI, having relocated here with my husband in 2004.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A Pennsylvania attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal with the hospital. In terms of your question of whether you have a valid case to pursue, it would be difficult for an attorney to offer an opinion. You could reach out to med mal law firms to discuss. If a law firm felt confident that you had the possible basis for a case, they would retrieve your records and review them with a medical professional. Look into arranging a free initial consult with law firms that work on a contingency basis - that's the norm in the med mal field.

You mention Rhode Island, but that sounds like it is only background, and not related to the location of the medical facility. If Rhode Island does have a connection in terms of medical providers who treated you, you could reach out to attorneys there as well to discuss whether jurisdictional connections to Rhode Island arise.

Please keep in mind that if the hospital(s) and other entities, parties, etc. are public in nature, as opposed to being private, that would make it important for you to move quickly in terms of learning about any applicable notice of claim requirements (which are in addition to statute of limitations elements). These can be in the order of days. Good luck in your battle with the cancer and for positive benefits from the chemotherapy. I hope your actual prognosis involves much more time here with your family than was speculated by your diagnosing doctors. Good luck

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