negligence is the failure to do what a reasonable person would do or doing something a reasonable person would not do. medical malpractice requires that person to do something wrong to be a medical professional. however that alone is not sufficient to give you a lawsuit. the negligence must cause harm. in the field of medical malpractice suits the presuit requirements and the costs of experts results in many cases not being pursued because the injuries are simply not great enough to justify the tremendous costs and time necessary to pursue a claim.
without telling us what injury if any your grandson suffered no one can answer the question.. if your grandson suffered severe or profound injury then by all means see a lawyer.. if not you may wish to consult with a lawyer just to reassure yourself that nothing can be done.
as for the nurse if youre willing to go to the trouble and wont be upset that nothing significant is accomplished you can report the incident to the facility and if their is a regulatory board you can report the nurse for disciplinary action. however without significant injury the disciplinary board is most unlikely to do much of anything
without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice
You need to speak to a lawyer, but I generally agree with Mr. Tomberg's analysis. Hopefully, there will be no long-term adverse consequences. The medical records and time will tell whether your grandson has a viable malpractice claim or what other remedies you might have. Medication errors are, unfortunatley, common and usually inexcusable. I'd be happy to speak with you at 602/648-3210.
Your claim is probably governed by one or more limitations periods. This means that you must take certain actions within a certain period of time to preserve all of your rights. A limitations period can be very short. I encourage you to speak with a lawyer who handles medical negligence cases in your area as soon as possible. I would be happy to help you find someone.
Sign up to receive a 3-part series of useful information and advice about personal injury law.