Visitor Question

Brain hypoxia caused by negligence?

Submitted By: Crystal (Cape Coral, FL)

My 32 year old mentally disabled son went to the hospital for a 4 day seizure monitoring, and to have a CT, MRI, PET and several other scans done. Monday through Thursday he had received anesthesia 5x, was intubated 2x, and was to have anesthesia again on Friday. I refused it as he wasn’t recovering or responding from the previous anesthesia.

On Thursday, while still intubated under anesthesia, they moved him to another floor at the other end of the hospital to do another scan. I believe during this time, and with the accumulated previous anesthesias, he suffered hypoxia. He continues to suffer from sinus tachycardia, and balance, walking, eating, and memory difficulties after a 3 week stay at the hospital.

We are now home receiving occupational, physical, and speech therapy (for swallowing, eating difficulties). Is this a case worth pursuing? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Crystal,

Your question seems to ask if you have the basis of a medical malpractice claim against the doctors and/or the hospital. From the facts you present, there does not seem to be any evidence if medical malpractice.

Of course, to really know whether the acts or omissions of the doctors or hospital were tantamount to medical malpractice will require a thorough review of your son’s medical records, especially those from the day in question.

Medical malpractice is generally defined as the acts or omissions of doctors, hospitals, and other healthcare providers, which fall beneath the medical standard of care of other medical providers in the local medical community – and as a result of the acts or omissions, a patient is injured.

To have the basis of a malpractice claim would require proof directly linking your son’s medical difficulties to the acts or omissions of the doctors and hospital. The proof required will be very difficult to obtain. Doctors and hospitals rarely, if ever, admit to having committed malpractice.

Gather copies of your son’s medical records and seek the counsel of several medical malpractice attorneys in your area. Fortunately, most malpractice attorneys do not charge for initial office consultations. Bring along your son’s records and let the attorneys review them. Then you will have a much better understanding of the viability of a malpractice claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 25, 2015

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