The hospital intensive care unit given me the wrong ID tag, can I take action against the hospital
Houston, TX
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Posted 4 months ago in Medical Malpractice
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After being in ICU a few days the nurse had given me the wrong ID tag and I noticed this after 2 of the nurses should have been scanning this to give me medication. They claim I was not given any of the wrong medications but they would not let my family or family Dr. look at my records. Now that I am out of the hospital I would like to see where I should go from here...
Answers (2)L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted 4 months ago.
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What should you do? You should thank your lucky stars. There was the potential for serious injury here, and you managed to avert it. That's the good news.
The rest of the news is this: If you weren't injured, if you didn't suffer harm, you don't have a negligence claim. You are welcome to check with a Texas lawyer--I'm not one--but the principle is almost certainly the same everywhere: If you weren't damaged by someone's negligence, you don't have a negligence claim. Good luck. Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted 4 months ago.
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As I am not licensed in your state, I cannot give you specific legal advice as to Texas state law. However, generally, even if there has been medical malpractice, without specific damages you do not have a viable claim worthy of the time and expense that would be entailed in bringing it forward. Medical malpractice claims are expensive to litigate. However, you do have an absolute right to a full and complete copy of your hospital records. You should contact the hospital records Dept. and complete the required release form and obtain your records. These records then can be reviewed by your family doctor. If a serious error has been made, you certainly could still file a complaint with the state agency which regulates the hospital or the doctors and nurses involved in your care. Filing this kind of a complaint will not get you monetary damages, but it may help prevent serious injury to some other patient in the future.
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