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My dad was sent home from rehab center in Kidney Failure, is this malpractice

Brooklyn, NY |

My dad was a patient at a rehab center after a stroke. When he was released he had been complaining of intense pain and not eating or drinking much for 4 days as he had nausea from the pain. When they discharged him they gave him a rx for pain killers, but never investigated the cause of the pain. The next day we took him to the er and found him in kidney failure due to kidney stone blocking urine flow, and he has only the one kidney.

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Attorney answers 5


You should have the records reviewed by a reputable attorney specializing in malpractice. It is unclear from your question I'd your father had lost a kidney before thus incident or as a result if it. If the latter, you almost certainly have a case worth pursuing.

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You need to show that the rehab center departed from the standard of care and that departure caused damage. If he would have had kidney failure anyway I don't see a case. If he can function on the one kidney without assistance I don't see a case. You need to get the medical records and have a discussion with an attorney who handles medical malpractice cases

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


You need to get your father's medical records from the rehab facility and have them reviewed by a malpractice attorney to see if there was negligence.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


The posting is missing critical facts to properly analyze, but have a local med mal lawyer order the medical records and send to an expert to review to ascertain whether there was a breach of the standard of care.

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he standard in a medical malpractice case such as you are inquiring about is whether the rehab center departed from the standard of care and that departure caused an injury. The answer to this question must come from a physician who is knowledgable about these issues. You should consult an attorney who regulraly handles these types of cases to make a determination whether there is a csae

Disclaimer: Mr. Milligram is an attorney licensed to practice law in the States of New York and New Jersey. This response is not legal advice and does not create an attorney/client relationship; rather this response is intended to be legal education only and is intended to provide general information about the matter in question. Please note that this answer does not constitute legal advice. It is merely intended to provide educational material and general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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