do I have a case for medical malpractice?

Question

Several months ago I was seen in the ER for a migraine.  An IV was placed and after about an hour I was awoken and released to go home.  Several weeks later I started having periodic pain, swelling, and reddness in the site of the IV.  It would come and go and sometimes was so severe I could not lift or move my arm.

After weeks of intermittent pain, swelling and reddness I could not take the pain anymore and went to my doctor.  She did a x-ray and ultrasound and found through ultrasound that there was a peice of plastic (her guess) was from the IV under the skin from the IV.  Every now and then you can actually feel it if you rub over the skin with your fingers.

Several days later I went back to the ER and they refused to treat or see me and referred me back to the original ER.  I couldn't take the pain that night and I went to the nearest hospital which was not the one of the incident.  While in the second ER they acknowledge that an "anomolly" was in fact under the skin in my arm at the site of the IV.

I am trying to get the hospital of incident to take it out but they will not see me either.  What can I do and what shall I do?  the pain is unbearable at times.

hotwheels122287 · Accepted Answer

your story has some things missing therefore doesnt make sense..... i myself have been through many IV situations and not once has a plastic part ever gone under my skin. i also work at a hospital and the ER is REQUIRED to see everyone that comes in.  they cannot dismiss people that come in as you say yours did.  they have an obligation to treat the people that need the help so i dont see how it is possible that not only one ER turns you away but another one as well. 

also, to have a case you would have to prove that the foreign object in your arm was caused by the hospital IV you say you didnt have symptoms of something being wrong until several weeks later.  


if the hospitals cannot/will not see you what is the reasons they have given you?  you left that part out of the story.

? · Answer

Do you have any solid evidence that the plastic was from the IV?  It doesn't sound like you do and that's what your entire case rests on.

Also, I'm kind of doubting your story when you say "I went to the ER and they refused to treat or see me".  ERs are not in the business of turning away people since that's how lawsuits happen and they're charged to treat emergent cases and at least SEE people to determine if they even need help.  What reason did they give for why they allegedly refused to see you?

So yeah, you have no case whatsoever and your story isn't adding.  Why didn't the 2nd hospital remove the plastic from your arm?  Something isn't adding up.

LovesTheConstitution · Answer

Your attorney and only your attorney can answer your question.  Guesses from strangers online will not help you.

If you have a winnable case against a defendant with sufficient assets available to satisfy a judgment, the attorney should offer you a contingency contract.  That means that you do not pay the attorney.  The attorney gets paid by taking a percentage of the money collected after you win.

Use the local lawyer referral service.  The initial consultation should be less than $50.

mnwomen · Answer

You do not have a case. You do not know the plastic was from the IV. You cannot sue them for not treating you.  What you can do is look for another doctor who will look into it.

? · Answer

Jesus Christ woman! Look on the net, for a phone number to call and complain!

Anonymous · Answer

Yes...u should be if your body was harmed from unproper procedures ..

Trending News

do I have a case for medical malpractice?

6 Answers