How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask legalgems Your Own Question
legalgems, Lawyer
Category: Legal
Satisfied Customers: 7036
Experience:  Just Answer consultant at Self employed
Type Your Legal Question Here...
legalgems is online now
A new question is answered every 9 seconds

My husband had a colonoscopy and ended up with a perforated

Customer Question

My husband had a colonoscopy and ended up with a perforated bowel that required abdominal surgery. When anesthesia wore off, he did not recognize family or comprehend where he was. Remained in hospital 26 days. Has no recollection still of that period of time and has had to relearn basic skills such as using razor, releasing seat belt, operating remote control to TV. I fear that at some point he is going to require more care than I can provide and I don't know how I will afford it.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: South Carolina
JA: Have you talked to a lawyer yet?
Customer: no, I haven't
JA: Anything else you think the lawyer should know?
Customer: It has been almost 4 months and I think he is a good as he is going to be. We have had neurology workup and he has been diagnosed with Alzheimer's . I have been told this is our "new normal" and he is on Alzheimers medications. Neurologist tends to think the second surgery exacerbated the situation and brought out the Alzheimers symptoms and the amnesia.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: SC
Submitted: 2 months ago.
Category: Legal
Expert:  legalgems replied 2 months ago.

I am very sorry to hear this;

Medical malpractice is a very complicated legal issue, and as such it is generally best to hire an attorney that specializes in medical malpractice (as opposed to a general personal injury attorney). Such an attorney will generally have a network of doctors and expert witnesses they work with to help establish a case.

Basically medical malpractice is premised on the theories of negligence.

Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages). If there is physical injury, the court will generally allow for actual damages (ie medical costs, caretaking costs for future needs), emotional pain and suffering (ie loss of quality of life, for example), and even punitive damages (designed to deter others from similar negligence).

The fact that the patient may have had Alzheimer's before does not absolve the practitioner of liability; rather any exacerbation to the condition resulting from the negligent act can result in damages. In personal injury cases, there is the "Vosburg Rule" which basically states that the plaintiff is taken in the condition s/he is in so that prior preexisting conditions do not operate as a bar to recovery.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 2 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!