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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My father in law has been in the hospital on and off since

Customer Question

My father in law has been in the hospital on and off since last August. He is 74. He went in due to a sub dural hematoma he had obtained from falling. He went from the hospital to a rehab facility to recover and on transfering him from the cot to a hospital bed, they scraped his heal and he is a diabetic. They didnt do anything for it and it continued to get bigger and blacker. He ended up with a large wound on his heal/acchiles area that made some progress but he ended up getting osteomyelitis. They decided to amputate his leg and did. He wasnt eating very well and had started to lose weight then. He gradually has continued to lose weight and even though we have begged and asked repeatedly for him to address his nutrition they havent. Since November until now, he has lost approx 70 Lbs. for the last 3 months his Albumin and Pre-Albumin levels have been much lower than normal and several doctors have said he needs increased nutrition but never placed a picc line for Total Parental Nutrition or a G-Tube placed for enteral feedings since he wasnt eating very well. He was sent back to the hospital from the rehab facility where they have been charging for Physical Therapy visits to medicare but never did physical therapy with him. He stayed at the hospital for Approx 2 weeks and wanted to discharge him. He wasnt allowed to go back to the Rehab because his medicare days have been used. Sonhe was coming home. We had a meeting with the Doctor who was discharging him home as well as with the head charge nurse and the administration and we felt he still needed his nutrition addressed. They would not allow him to stay and discharged him anyway. Therefore, he was sent home. He had homecare coming in and had a foley catheter in which his urine was very dark and he was not eating very well at all. He had developed a sacral wound when being in bed all the time when he still had his leg when they were doing wound care for his heel/achilles. His wound had improved but the nurse came out to change his wound vac and he was bleeding profusely from his sacral wound and she felt he needed to be sent to the hospital. The doctor there at the same hospital stated that my father in law was severely malnourished and that he probably would not pull through or be able to come back from this. So for the past 4-5 months we have been begging for nutritional assistance and they basically said he didnt need it but now he is severely malnourished and probably wont pull through. Is there anything I can do???
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Medical malpractice claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert in the same, or similar field, to testify as to the standard of care in the industry, whether your physician or facility's conduct fell below that standard, and whether that negligence was the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care. Due to the complexity of these claims, I highly recommend that you retain a medical malpractice plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment). You can find local attorneys using the State and Local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).

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