our daughter suffered a near fatal accient as a result of which she suffered TBI. After 28 days SFGH decided to place a feeding tube, which was done by a radilogist. the tube was not placed correctly and the feeding material leaked into here abdominal cavity. After watching her for some 8 days where her abdominal cavity hardened and she came down with 104 fever the sergical group performed an emergency proceeder during which they cut her open and cleaned. the bacterial and fungal infection caused near fatal condition for a week of 104 fever. also they had to insert 2 tubes in the cavities to drain her. apart from the the near fatal condition which had nothing to do with her TBI, it delayed her recovery and transfer to a rehab center by 18 days, which were valuable towards her initial recov
A medical malpractice lawyer should order and review the hospital medical records.
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You will need to consult with a qualified, experienced medical malpractice attorney in your area. You should do so promptly, as some statutes of limitations are short - especially if there are governmental agencies or ownership interests in the hospital or any of the medical groups participating in her care. They will obtain all the medical records, review them, and let you know whether it is something you ought to pursue. Good luck to you.
Who was at fault for the accident in which your daughter suffered the TBI? If it was someone other than your daughter, then both that person who obviously has nothing directly to do with your daughter's medical treatment and the radiologist (and hospital as well as other medical personnel) may be liable for her injuries.
The Restatement 2d Torts Section 457 states:
If the actor's negligence results in harm to another which requires him to submit to hospital treatment, the actor is responsible for injuries resulting from the improper manner in which any member of the staff does his part in the normal treatment of his injuries. He is therefore as fully responsible for the negligent manner in which the nurses or clerical staff perform their part as he is for the negligent manner in which a physician or surgeon treats the case or diagnoses the injuries or performs an operation.
Also, the Statute of Limitations for medical malpractice is shorter than that for personal injury. Please contact an experienced attorney immediately.
Here's a link to a California Jury Instruction which addresses this issue. It's interesting reading and may help further answer your question
I concur with my brethren counsel above. You definitely should find a seaasoned medical malpractice attorney to investigate more than the misplacement of the feeding tube and subsequent treatment.
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