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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38256
Experience:  30 years in civil, probate, real estate, elder law
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I had to go to an ER on Sept 28 or 29. When one of the

Customer Question

I had to go to an ER on Sept 28 or 29. When one of the nurses was putting in an IV in my right forearm, she got it in and then leaned up against the gurney an yanked it straight out, ripping my blood vessel and (I think) damaging the nerve to my thumb on that hand. Is that considered malpractice? It has been almost a month and it actually hurts more now than it did then.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Thanks for your question and good evening.

I am so sorry that you had this happen.Yes it would be considered substandard care and malpractice as well.You should file a nursing board complaint against the nurse that did this and also sue the facility and the nurse.You can pursue this contingent fee which means you do not pay until there is a recovery.

A health care malpractice liability claim must be commenced within two years from the occurrence of the breach or tort or from the completion of treatment or hospitalization. Tex. Civ. Prac. & Rem. Code. § 74.251(a) (Westlaw 2007). Only if the actual date of the tort cannot be ascertained should time be measured from the last date of a course of treatment. Shah v. Moss, 67 S.W.3d 836, 841 (Tex. 2001).

Here in Texas a medical malpractice action filed on or after September 1, 2003, regardless of the number of causes of action asserted, non-economic damages are limited to a total of $250,000 from all doctors and other individuals. Non-economic damages are limited to $250,000 from each hospital or other institution and a total of $500,000 from all institutions. Tex. Civ. Prac. & Rem. Code. § 74.301 (Westlaw 2007) and legal fees and costs.

You can find a medical malpractice lawyer here.

http://lawyers.findlaw.com/lawyer/practicestate/medical-malpractice/texas

File nursing board complaint here.

https://www.bon.state.tx.us/discipline_and_complaints_policies_and_guidelines_filecomplaint.asp

I appreciate the chance to help. I hope you can get some justice and recovery for all your harm here.Thanks again.