Should I file a lawsuit?

I am 23 yrs old. Three years ago I had a mini stroke. I had a brain malformation (alot of extra nerves and due to large amounts of stress it started bleeding). I had the worst headache all day long and thought that after a good nights sleep it would just go away, unfortunately it got so bad it made me nauseous and about the sixth time i threw up I started throwing up blood so I went to the ER. At the time i was un aware that I was allergic to any medicine, i had never been to the hospital b4 except to give birth the year before. They gave me phenogren for the nausea. I noticed after they gave it to me. I couldn't swallow. It was like my throught swelled up and It was hard to breathe, I was freaking out and I told the nurse. She told me it was all in my head and kept forcing liquid down my throat even though I was choking on it and I told her I couldn't swallow. Shortly after I was unconscious, turns out i had allergic reaction, which i don't blame them for, I didn't know so how could they. Unfortunately because she kept giving me liquid when i told her i couldn't swallow it went to my lungs and i got asperation on pneumonia. Not only did I have to have brain surgery but I almost died from the asperation of pneumonia, now i still have trouble swallowing I had to have an emergency tracheotomy so i have a huge hideous scar, my breathing is irregular cause it always feels like my throat is closing and my right vocal cord is paralyzed. I did not file at the time, because I had other things on my mind like getting better and my daughter that I did not see for three months while I was in ICU. If I do file, I don't know the first way to go about it. i don't even remember who the nurse was. Where do I go or should I just forget this?
Additional Details
money for living is unimportant to me. I just want the medical expenses from the icu from the result of the medicine erased. I owe almost $180,000 just from being treated from the problem they caused. I went to a different hospital for my surgery and to be treated for my stroke, but i am still being charged for fixing the problem they caused.

Elley

I feel so bad for you..that must have been awful. At least you are some what better now. First you should call a lawyer. Someone you trust and has been around a long time. Give them all the information you know, they will know what to do next. I say sue them, nurses and doctors need to be held responsible for their actions. They are always in too much of hurry to take a moment and remember that they are dealing with real people,human beings-not objects. Go get em!

Bob B Â©

A lawyer would be able to supoena all the records of your hospital stay, in order to determine who the nurse was.

Talk to a lawyer.

I don't think people need to sue for everything that happens to them.

emschick638

Time may be up to file... what liquid were they "forcing" down your throat... usually if you are that ill you would end up with a iv of some sort somewhere... in which case that is where the medication would be administered... if you were already throwing up prior to your arrival at the ER they shouldn't have wanted you to take anything by mouth... something here is not adding up... talk to an attorney... it depends on the statue of limitations...

blsdca

i think you should contact an attorney. it sounds like you could have some sort of case. but don't wait too much longer- i think there are time limits on when you can file a lawsuit

Tim S

Just goto any lawyer. You have a case, they will make it work.

redcore2c

If you knew and told them beforehand then yes.However, I am sure you had to sign a waiver so I believe there is not much you can do unless they were being negligent

lynnette17

it's more than just thinking about getting the money. you have to hire a lawyer and go to court and get evidence and that alone could cost more than you are going to recieve but if you really do think that what happened there cause trama in your life today and you have the money go for it!

Clayton A. D.

I think you should FIND OUT who the nurse was.

One of the largest problems in hospitals today is that the nurses are understaffed, and that's due to inavailability of nurses. Not only does that mean a lot of people aren't getting enough care, it means even more people are receiving POOR care, because due to slim pickin's, as it were, the nurses aren't that great.

I work in hospitals all the time, and I see these sorts of problems all the time. Nurses are inattentive, they don't listen, and it often seems like they don't care.

That's largely a problem due to being understaffed, but that's still no excuse not to listen to your patients and pay attention. I think you should find out who the nurse was to get action taken against her, and leave it at that. Don't blame the hospital unless they had a greater part in it than I realise.

rbisdabest

You can try, but sure you'll loose money unless you have a great lawyer

Tony d:-)

Previous answer said "take them for all they got," assuming that hospitals and doctors are extremely wealthy. Nothing can be further from the truth. What happens, it raises our insurance rates.

Talk to a lawyer and see whether you have a case or not. However, healing a person is not like fixing a car, where there is no excuse for a mistake. With humans there are similarities, but each situation is different.

Coors

I would at least consult with an attorney. The hospital should have complete records regarding which nurses were helping you and what they did, said, thought, etc...which means you wouldn't need to remember anything. See if the attorney thinks if there would be chances for you to win punitive damages which would be money for your pain, suffering and permanent injuries. If not, it wouldn't be worth moving forward. You may have to be able to prove that the nurse continued to give you fluids after you told her that you couldn't swallow which could be next to impossible.

Cee Eff

You will have to speak with an attorney. There is a time limit on how long you have to file a lawsuit (called a statute of limitations) and you may have already passed the deadline.

The attorney will be able to get your medical records and review them to see if there is a case.

However, think about the situation. What has you upset? Was it the nurse's words to you or was it the result? If the nurse had stopped giving you that medication, would the result be any different? Did they straight up tell you that it was this medicine in your lungs?

There are a lot of questions to be answered, but a lot of them will come from you. Is this really a situation where you want to sue? Why don't you approach the hospital and file a grievance against the nurse? Do you have to get money form this? After all, the money the hospital pays you is money they don't have to buy new equipment or fund new research or a new doctor. Think about the repercussions of a lawsuit on all sides before you take it to that extreme.

courseiam

I think so...

Rob S

u can file but i would do it with caution and make sure u have ur sh*t together because their lawyer will tear u up otherwise

jthach

Yes, a civil claim will be very much possible. Find a civil lawyer and talk to him or her. You definitely should have a case and should not pay the $180,000.

Good luck.

Ashley

i think people like you are the reason we are today. it is not their fault you had an allergic reaction. and just because you say one thing does not mean she needs to listen to your every word. you are not a doctor and the nurses know better than the patients. therefore she went with her better judgment.

just be happy you are alive and have your daughter, don't harp on the past esp. since you were not that concerned with it after it happened. get a job if you need money.

CamaroBoy

You should have a case. A lawyer would be the best to let you know which items you have a case on.

remowlms

You can try, but you will be lucky to find an attorney who will take the case. It is actually very hard to win against the medical industry since you have to find a doctor who will testify that they did something wrong and those are hard to find. I found this out personally.

Talk to a couple of malpractice lawyers and see if they are willing to take the case...

Brian K

You really should go talk to a medical malpractice attorney. Contact your state bar for a reference. Only a skilled, licensed, experienced attorney can give you the advice you need on this matter.

luna_moon

talk to a lawyer... doesn't matter if you know the names... if you know the name of the dr you were under they should know the rest!. if they didnt keep that on file they would get in more ****!. the lawyer should listen to your story for free and think of it's worth going for. and dont feel guilty if anyone gets in huge amount of crap and say lose their practice... you dont want that happening to anyone else do you? they should have listened to you when you told them the trouble it was causing you. like really you had breathing problems it's awful they didn't listen and I'm sorry about your scar. i am glad you're ok.

welch.tony

get some Professional advice first ,you might find that you are out of pocket if you rush in. x

lady_bellarina

file a lawsuit
its just not fair
then again if you don't remember the nurse you have a problem but the hospital probably has records
whatever you do goodluck!

Jackpot

First off, I'm sorry to hear about your unfortunate situation. God bless you're still alive.

Second, you should sue. You shouldn't go to a hospital for brain surgery and leave with respiratory problems. The nurse's mistake needs to be addressed, so that this won't happen to the next patient. Good luck!

Mike C

Lawsuit.

Margaret C

SUE!

TRIXIE

of course you should sue.

Zumbambue Colarad zak

Im sorry for what youve been going through. From the data, it seems that the medicine was given to you without prior authorisation of a doctor. Also that the nurse insisted on giving it to you though you were not examined by a doctor. There is a case here and you might want to ask for compensation. You should ask for professonial legal advice. Remember its a long way and as I see it the key issue is whether you should normally be tested before receiving the medicine and also whether there were grounds for the nurse to insist. You will need witnessess, medical proof and a lot of strength but there is a chance a fair compensation will come out even before the courts.

Hema

yeah! they made life hard for you! you make life hard for them!

good luck!

Chance

Yes take them for all they got

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