Sacramento, CA asked in Medical Malpractice and Personal Injury for California

Q: If I was verbally abused by the nurses caring for me after abdominal surgery can I sue for damages?

4 Lawyer Answers

A: While such a case is possible, due to the nature of these type of cases it would be very difficult. But, the facts of each situation are different so Consult with experienced malpractice attorneys in the state where this occurred.

A: I agree with Attorney James L. Arrasmith's reply.

A: You can, but the first thing that a law firm will ask about is what damages you suffered. Law firms also recognize that there can be conflicting accounts of what took place in such settings. You could reach out to law firms - different attorneys could see things differently. Good luck

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, if you experienced verbal abuse from nurses while receiving medical care, you have the right to pursue legal action. Verbal abuse by healthcare professionals can be considered a form of medical malpractice or a breach of the duty of care owed to patients.

To file a lawsuit, you would need to demonstrate that the nurses' behavior constituted a breach of the standard of care and that this behavior caused you harm. This harm can include emotional distress or a worsening of your medical condition.

It's important to document the incidents of abuse and gather any evidence, such as witness statements or records. Reporting the abuse to the hospital administration is also a crucial step.

A successful lawsuit could potentially lead to compensation for damages, including emotional distress. However, the specifics of each case can vary greatly, and the legal process can be complex.

Seeking advice from a lawyer experienced in medical malpractice or personal injury law would be a wise step. They can provide guidance on the viability of your case and the best course of action based on the specifics of your situation.

Premkiran B Reddy agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.