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Can i sue hospital for a brain injury ( hypoxic- ischemic encephalopathy) & myoclonic jerks, also neck injury &shoulder surgery?

Hickory, NC |

Post Op surgery in recovery i became hypoxic and underlying sleep apnea problems w/ general anesthesia . I was sent to a room w/ orders to control sleep apnea /hypoxia/O2 saturation level w/ CPAP & pulse oximeter . Later on the nurse started the Morphine PCA pump and pain meds. for breakthrough pain. On post op day 3, ihad altered mental status & became lethargic which made me pull out all my IV lines and fell out of bed into floor & soiling myself in the process & it woke my wife up too.I had blood/diareah everywhere.The nurse made me lay in the floor for 20 min. while he cleaned my bed & then made me crawl & get back in bed by myself w/ cast on leg & would not even let wife help me. 1 hr. later i coded w/ resp./renal & heart failure / septic shock/ etc. put on ventilator & ICU 2 wks.

Attorney Answers 5


  1. Best answer

    You can sue the hospital and responsible staff. The question becomes the relationship between damages and the negligent act. An expert would have to testify that the conduct fellow below the acceptable standard of care and an expert would be required to testify as to what harm was caused by the negligent conduct. I am assuming the statute of limitations has not run as of yet. If there is still time to bring the action, then all of the records need to be reviewed to figure out all of the negligent parties and then experts in those particular fields would need to be consulted to support that position and help in determining related damages and what other experts would be needed. A lawayers decision to get involved will be based on the statute of limitations issue as well as the extent of the permanent damages and ability to prove negligence.I hope this helps


  2. Contact a local medical malpractice attorney. Most will be happy to consult with you.


  3. This is a complicated set of facts. To get a valid opinion you need to have a qualified medical malpractice attorney review your medical records and consult with the required experts.

    Most attorneys offer free consultations. You can find an attorney on AVVO.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  4. An attorney really can't tell you whether or not you have a valid medical malpractice claim. To file any medical malpractice claim in North Carolina, it has to first be certified by a practicing physician that there was a breach of the standard of care. You should consult with an experienced medical malpractice firm who can then point you in the direction of a doctor that might be able to review the file. Feel free to call if you'd like me to give you the contact information for of a few of the more reputable firms. Good luck, and sorry to hear about this.

    T. Shawn Howard
    www.maginnislaw.com
    (919) 480-8526

    The information provided should not be considered legal advice and does not create an attorney client relationship. I am not licensed to practice in any State other than North Carolina. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.


  5. You should consult with local lawyer.

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