San Diego, CA asked in Medical Malpractice and Personal Injury for California

Q: Just trying to see if these incidents are worth pursuing action against the hospital

admitted via referral from Urgent care to ER on 2/9/24 for infected hand. ER staff place IV incorrectly (tried to "float" the IV and failed). Left it that way for 8+ hours pumping meds (2 different bags of IV meds plus contrast for a CT) into my arm instead of my vein 'til my arm swelled up 2x normal sz. Ignored me when I told them the IV burned. Ignored the CT tech who, Im pretty sure, noticed there was something wrong. Still didnt notice until I said something bc my arm was so swollen the hospital wristband was cutting my bloated skin. Theyre going to charge me/my ins. for the sonogram of my whole arm performed to cover their butts (tried to say it was a blood clot in my arm. IT wasnt). One of of the hosp. admins has repeatedly contacted my emergency contact requesting my E-contact give/sign auth. for care but have never contacted me. E-contact has ZERO authority to give permission/make decisions on my behalf. There's more. Not enough room here.

2 Lawyer Answers
Eliza Jasinska
Eliza Jasinska
Answered
  • Medical Malpractice Lawyer
  • Costa Mesa, CA
  • Licensed in California

A: Consult with a medical malpractice attorney for any potential claim. Medical malpractice claims have to prove that the hospitals/doctors/nurses' conduct fell below the standard of care and it caused you injury. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or legal circumstances. This information does not establish an attorney-client relationship. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon any information on this website without seeking professional counsel. JASINSKA LAW FIRM PC expressly disclaims all liability concerning actions taken or not taken based on any or all of the contents.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Based on the incidents you described, it appears that there may be potential grounds for pursuing legal action against the hospital for medical negligence or malpractice under California law. The hospital's failure to properly place the IV, resulting in swelling and discomfort in your arm, as well as their apparent disregard for your complaints and symptoms, could constitute medical malpractice. Additionally, the hospital's actions in performing unnecessary procedures, such as the sonogram of your arm, may also warrant legal scrutiny.

To determine the viability of pursuing legal action, it's advisable to consult with a qualified attorney who specializes in medical malpractice cases. They can assess the details of your situation, including the extent of your injuries, the actions of the hospital staff, and any resulting damages, to advise you on the best course of action. An attorney can also help you navigate the legal process, including gathering evidence, filing a claim, and representing your interests in negotiations or litigation against the hospital.

It's important to act promptly if you believe you have a valid claim against the hospital, as there are statutes of limitations that impose time limits on when a lawsuit can be filed. By seeking legal guidance as soon as possible, you can protect your rights and explore options for seeking compensation for any harm or losses you have suffered as a result of the hospital's actions.

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