Fall At The Hospital

[Yo]

In november I was 6 1/2 mths pregnant and admitted to the U of M hospital for flu symptoms I was in a private room so the bathroom was not the same as the others it was incloed with a step I have perephral neuropathy in both legs with bad gate index so i had restrictions i was told i could not get up or walk without help that day i asked the nurse if i could take a shower she said ok so i asked if she was going to help me to the shower she said for me to go on she was just gonna go get me some more towels so i did as she said but she never came back so getting out of the shower i went to pull the cord by the toilet as i did so my right leg slipped and due to the neuropathy my laft leg got stuck in the shower because I could not lift it so i fell pretty hard after yelling for help a nurse finally came and to make a long story short my uterus ruptured from the fall and I lost my son not only did i lose my son the dr also explained to me that i hit my kidneys and that they lost so much blood they were traumatized as a result i am in end stage renal desease and awaiting a kidney transplant this ordeal has left me severly depressed especially the question of what if the nurse never left me or what if she was there when she was suppose to be do you think i might have a case?

[Keandre]

Jacqueline,

I am so sorry to hear of your ordeal. You have suffered a great loss. While I am an attorney, I am also a mother and my heart goes out to you for the loss your have suffered. I will address your legal concerns; however, make sure that you are receiving the medical care you need including care for your depression. You asked if you have a case for malpractice. Based on the information that you have provided, it would appear that you may have a case, though I would need to do a full investigation to fully assess your case.  The best thing you can do is consult with an attorney in your state.  An attorney will fully investigate your case and apply the laws of your state to determine if you have a case of medical malpractice and/or negligence. Based on the initial facts of your case, it sounds as if the hospital personnel may have committed malpractice. While the malpractice laws vary from state to state, generally medical malpractice requires that a case meet two criteria:

1.  A Variance from Good and Accepted Medical Practice: For malpractice to occur, a provider must depart from good and accepted medical practice. In your case, your condition required that you receive assistance in getting to and from the bathroom.  The nurse directly contradicted those orders. On the face of it, the contradiction of the orders and the failure to provide assistance and adequate monitoring seems to create a variance from good and accepted medical practice.

2.  The Variance Caused Substantial Damage: For malpractice to occur, the variance from good and accepted medical practice must have caused substantial damages. In your case, you have suffered greatly: the loss of your unborn son, staggering kidney damage and depression. While I can offer advice based on the information you present in your questions, your case needs and deserves a full investigation to determine all the facts and to apply your state laws to it. You should seek the medical treatment that you need. You should also consult an attorney in your state who has experience with medical malpractice.(If you need help finding an attorney, I will be glad to assist you. You can contact me at 1-800-660-1466 or send me an email at [email protected] )

Best of luck to you and, again, please accept my condolences on your loss.

Carol L. Schlitt

223 Wall Street, Suite 357

Huntington, NY 11743

631-425-9775

[email protected]

www.SchlittLaw.com

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