If the hospitalization for more than a month was a direct result of the kidneys shutting down, and if the kidney problem can clearly be linked to the medication, your mom may have a malpractice case. If would need to be reviewed by a malpractice lawyer, who would need to consult with expert physicians to see if there was any negligence in prescribing the medication and any permanent damages as a result. Good luck.
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Unless there's negligence that causes serious, permanent injury, with significant damages, it would be a case a lawyer would spend more money on than you would be able to recover.
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You should contact the government organization responsible for regulating nursing homes in your state and file a complaint. In Florida, I would recommend you contact the Agency for Health Care Administration and the Florida Department of Children and Families, which handles elder abuse issues. They'll investigate.
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Unless you suffer severe permanent diasbility or death, you won't have a medical malpractice case. We spend tens of thousands of dollars representing injured victims of medical malpractice, and unless the injuries are significant and permanent, it wouldn't be economically practical to launch a lawsuit.
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If you trust your lawyer, you should know he or she has only your best interest in mind in making such recommendations. Having been through trials sitting next to bereaved family members, I can tell you the stresses of a trial are epic. You might get more at a trial. You also might get less or nothing at all. It's a roll of the dice, and you and your doctors should decide the risks verses the benefits.
Factors too numerous to mention here go into evaluating a settlement amount. You should know that, statistically 80% of medical malpractice cases that go to trial result in no recovery for the patients. The best person to accurately evaluate your case is your lawyer who is handling it, who has seen all the medical records, and who has taken the depositions of the doctors and nurses.
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