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I was admitted to the hospital on Wednesday and while in the hospital for I contracted food poisoning, what steps can I take?

Los Angeles, CA |

I went into emergency on a wed. for chest pains and was admitted into the hospital that night. On Thursday morning I became nauseated and later that afternoon i begin to continuously vomit up everything that I attempted to consume. Shortly thereafter I got a bad case of diarrhea and I immediately informed the doctor and the nurse that I believe I have gotten food poisoning from the sandwich I was given in emergency of the food tray because I had not eaten anything else that day. I made a report with the patient advocate but before that I was almost ignored by the staff on Thursday night who gave me no answers and no attention other than the CNA to take my vitals. i called for my nurse several times and got no response

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Attorney answers 4

Posted

Proving that your sickness came from the sandwich that you ate can be very difficult to prove. Unfortunatley, when you enter an emergency room for an illness (chest pains), you can easily pick up whatever illnesses there are at the ER. Without proof that it was the sandwich and that you had a sandwich from the hospital, it can become difficult to prove that the sickness did not come from some other person. The flu and nurovirus are hitting the United States very hard right now. Please contact a personal injury lawyer in your area if you are considering going forward with a claim. Good luck.

The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Asker

Posted

i wasn't diagnosed with the flu i was diagnosed with food poisoning

Posted

Mr. Crosner gives a good analytic answer. Proving causation will be much, much more difficult than you imagine, and your damages for food poisoning, while very unpleasant, will be very moderate.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Posted

Tough case to prove during a flue epidemic. How quickly did you return to "normal".

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Asker

Posted

THE NEXT MORNING

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AFTER VOMITING AND DIARRHEA CONTINUOUSLY

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i was in a room for cardiac patients, had not eaten anything that day and I have been diagnosed with food poisoning before at that same hospital with the same symptoms so i know what it was

Asker

Posted

when i got ill i was in a room alone

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

Even episodic food poisoning ins't much of a case if you were normal the next day. Since you'd need lab tests proving the food poisoning it may no longer even bepossible to prove a case.

Posted

Even if you could prove the food poisoning was caused by the sandwich, without a significant injury, a lawsuit would cost more than would likely be recovered. Hope you feel better.

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