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Do I have a medical malpractice case against this nurse?

Dallas, TX |

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.

I spoke to the doctor and he said my symptoms will get better in a few weeks. However, all this swelling is causing nerve pressure and I can't use my affected arm or hand normally (feels weak and hard to coordinate movement), not to mention severe pain and anxiety. The nurse said she had told the doctor what she did and that the doctor said it should be ok, but I haven't personally confirmed it with the doctor (was too concerned about discussing my symptoms since I was in a lot of pain). I did have carpal tunnel to begin with (they have this on their record) and am quite worried about what kind of damage is happening to my nerve and tissues. In terms of legal actions what are my options at this point?

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Attorney answers 6


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 create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see


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


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

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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 do not take these comments as legal advice. Always consult with a knowledgeable lawyer before making any potentially life-altering decisions.


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 advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.


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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