Do I have a medical malpractice case against this nurse?

I received IV iron infusion three times. The first two times doctor ordered the iron to be diluted with a lot of saline solution and given slowly over a three hour period. The third time, which was a week ago, the nurse forgot (in her own words she "forgot" this) the usual dosing and diluted iron in a much smaller amount of saline solution (so the iron was more concentrated). I mentioned this before she started the IV, but she started it anyway, THEN went back and checked my records and came back and asked if I wanted more fluid. Isn't it up to the doctor to decide how much fluid is "necessary?" Anyway, she decided to follow the iron with a medium size bag of saline to match the amount of fluid. After this I developed severe phlebitis and am having neuropathy in the affected arm.

Dallas, TX -

Attorney Answers (6)

Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA
Answered

Have a local med mal lawyer order all the records to be reviewed by an expert.

Carolyn Barnes

Carolyn Barnes

Medical Malpractice Attorney - Leander, TX
Answered

It is too soon to know if you have a good case because you do not know the extent of your permanent damage--it will always come to a cost v. potential for recovery analysis. However, you should immediately write down everything you remember like a diary or journal of events to protect against memory failure should timing of events and remembering exactly what was said and done when becomes necessary for your suit. I would also suggest that you obtain a copy of your medical records now. Just a letter requesting a copy of your records sent certified mail return receipt requested should do it. Then, take good clear pictures of your injuries. If you do not have a good digital camera find someone who does. Be prepared to take this all to a competent medical malpractice lawyer in the event that your injuries turn out to be permanent or advance in degree or symptomology. You only have two years from the date of injury to bring suit, so don't wait to the last minute to get a contract signed with a lawyer. Seek a second opinion. Consider filing a complaint with the nursing board and possibly the Texas Board of Medical Examiners.

Every case is different and it is difficult to get a true feel for the case from these limited postings, so please... more
Todd Nathan Hendrickson

Todd Nathan Hendrickson

Medical Malpractice Attorney - Saint Louis, MO
Answered

Yes, you have a case, however, it is too soon to know whether it is economically viable or not. Malpractice cases are extremely expensive to prosecute so unless you have severe and/or permanent injuries, the damages simply aren't sufficient to justify pursuing the case. Give it some time and see how you recover before seeking an opinion from a local attorney who specializes in malpractice.

This answer is provided as a public service for informational purposes only. Providing this information does not... more
Brian Heath Crockett

Brian Heath Crockett

Personal Injury Lawyer - Houston, TX
Answered

Hopefully. You do not have permanent injuries. If you are not back to your normal self within a few months, you need a lawyer. I recommend you find a new doctor and continue treatment. If you have any questions please do not hesitate to ask.

Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal... more
George Costas Andriotis

George Costas Andriotis

Personal Injury Lawyer - Tarpon Springs, FL
Answered

Consult a medical malpractice attorney to review all the medical records and advise you accordingly.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
Josh P Tolin

Josh P Tolin

Medical Malpractice Attorney - Saint Louis, MO
Answered

As the other attorneys pointed out, while you may have a good case on liability, it is unclear at his time whether you have permanent damages. Usually if you haven't had resolution after 6 months to 1 year, there is a likelihood it may be permanent. Hopefully you will have a resolution of your symptoms. It is still worth discussing with an attorney, and then, it is entirely up to your attorney on whether to wait to see if your symptoms resolve.

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