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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87144
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi, Googday my brother had a kidney transplant around 7months

Resolved Question:

Hi, Googday
my brother had a kidney transplant around 7months ago he is a diabetic also he has been in and out of the hospital. he is on around 20meds or more, right now he is in the hospital they cant seem to get his blood pressure down ,He feel like he is overmedicaded that is why they cant get his pressure down,He is also feeling dizzy. He is asking for help from the doctors the hospital for someone just to take a look at all the meds and to see if all these meds are necessary.He said it all turn on deff ears and they are woundering why his his pressure wont go down,What is his legal rights for someone to just go over his meds and see if all of them are necessary?
thank you so much.
have a bless day.
Sandy.
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your brother's situation.

What is his legal rights for someone to just go over his meds and see if all of them are necessary?

He cannot make someone take a look at his chart more than they have to. If the hospital is treating him, then while he can choose whether or not he wants certain aspects of the treatment, he cannot mandate specific care.

What he can do is threaten them a little. This likely will not play over well for friendships, but at least it would get the job done, possibly. He can state that he has been reading up on "medical malpractice," and he needs someone to take a look at his chart, for example.

According to F.S. 766.102:

"In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider ... the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers."

In other words, every case is subjective and is on a case by case basis - what would have the reasonable doctor done? So them simply not checking his chart is not automatically malpractice, but could be, especially if he is hurt by them not doing so.

The hospital staff may be a little more expedient if he mentions something akin to this. But again, this does run the risk of damaging his relations with the staff, so it is best stated lightly.

Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87144
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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