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Do i have a lawsuit? Is the Hospital liable for my damages? Was phenergan allowed in the deltoid muscle?

Winter Haven, FL |

I went to the Hospital and was given a shot of phenergan in my left deltoid for vomiting.Their was instant burning and pain.A few days later i had to go back to the Hospital my arm was swollen and their was a big hard rock.The doctor diagnosed me with Left deltoid hematoma,
Left arm Radiculpathy,Co swelling.They said it would take 3-4 monthes for my body to absorb the hematoma.Finally after monthes of pain it did go down and heal but it has been a total of 17 monthes and it left me with a weak arm.I was told because it was swollen for so long it was not getting all of the blood supply and pressure was put on the nerves in my arm had caused nerve damage.I called the Hospital and did a report with risk Management they said they would send me a letter after review.

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Attorney answers 2


Intramuscular injection of phenergan is a breach of standard care. The hospital may well be liable. You need to consult with a medical malpractice lawyer immediately. Do not try to handle this yourself. Risk management is going to run out the clock on the statute of limitations if they can.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Joseph Jonathan Brophy

Joseph Jonathan Brophy


I must correct my answer. It is not a departure from standard care to give certain phenergan injections IM. The rest of the answer stands. Don't expect a meaningful response or a fair offer from risk management.


I am not familiar enough with the drug to know what the standard of care is regarding its use, and would defer to my colleague regarding this. I would say however that you should consult a medical malpractice attorney in your area to determine if in fact you have a cause of action.

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