What constitutes medical malpractice or medical negligence?

Asked about 1 year ago - York, PA

My 80-yo mother had a fall, fracturing her skull. While in the hospital, she complained of not being able to hear on one side. I'm her POA & asked the nurse to have a dr. call me, but the nurse said the phones are "cheap". She was transferred to rehab, where she complained of not being able to hear. No tests were done. Once home, she went to an ENT, who said she has a massive amount of blood/fluid that needs removed, but said because of the fracture, bacteria could enter her brain & cause immediate death. He was upset the hospital did not follow this up when she complained. He said he can wait for the fracture to heal to see if anything can be done then. To me, this was negligent not investigating her complaint of hearing loss after suffering a trauma such as that.

Attorney answers (7)

  1. Lee Alan Thompson

    Contributor Level 20

    14

    Lawyers agree

    Answered . Sorry to her about your mom.

    Many times the two are synonymous. Oftentimes people refer to malpractice being negligence by a doctor and sometimes medical negligence being that done by a facility. The difference between the two doesn't matter so much here. What you need to do is contact a medical malpractice attorney and do so quickly. The attorney you contact will investigate to make a determination on how to proceed. Again, as in all cases like this, there are time limits.

    One attorney from PA that frequents this site is Christian K. Lassen. You may want to contact him or any attorney you choose, but do contact someone.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful"... more
  2. Michael A Ferrara Jr

    Pro

    Contributor Level 14

    12

    Lawyers agree

    Answered . Sorry to learn. You can get a free consultation with a Pennsylvania attorney who will guide you. Call mike trunk at Kline and Soecter in Philly good luck. B

    Please note that these answers are provided as a community service and are not meant to create an attorney-client... more
  3. C. Donald Briggs III

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . You need to prove that the medical provider deviated from the accepted standards of medical practice. You need an attorney and expert witnesses to do this. Consult with a local medical malpractice attorney to find out if you have a viable case.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . I'm sorry that one of the attorneys recommended his friend on here, but it is against Avvo rules. Avvo has a terrific "find a lawyer" tool to have a local York, PA, lawyer investigate.

  5. Jeffrey P. Lowenthal

    Pro

    Contributor Level 12

    9

    Lawyers agree

    Answered . There are, essentially, four legs to the table of medical malpractice/negligence. They all have to exist in order for you to have a case.
    We have a pretty detailed post on the subject on our website. You can find it at http://lowenthalabrams.com/general-legal-explan...

    I am sorry to hear your mother has gone through such a terrible experience.

  6. Michael R Varble, Esq.

    Pro

    Contributor Level 17

    10

    Lawyers agree

    Answered . I'mm so sorry to hear of your Mom's troubles. Pull her medical chart from the hospital and schedule a consultation with a local malpractice attorney. He or she will review it and have a doctor review it as well. If the MD thinks its a deviation from the standard of care, the MD will certify it as malpractice and then you can file suit. It sounds like malpractice but we attorneys are only attorneys and not medical doctors. It is worth looking into. Good luck with it and speedy recovery to your Mom.

    The information provided herein is for informational purposes and should not be construed to establish an attorney... more
  7. John M O'Brien

    Pro

    Contributor Level 19

    10

    Lawyers agree

    Answered . You need to consult with a medical malpractice attorney from PA, you can use avvo "find a lawyer" tool to find an experienced attorney in your area.

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