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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Personal Injury Law
Satisfied Customers: 17882
Experience:  B.A.; M.B.A.; J.D.
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Are there any legal and monetary remedies we could seek,

Customer Question

Are there any legal and monetary remedies we could seek for pain, suffering, expenses regarding?
Husband with diabetes and on dialysis admitted to Kaiser 9.1.15 for right leg amputation (2nd leg amputation. After surgery, very weak, in pain, not able to set up. 9.7.15 husband fell from hospital bed while being treated by Doctor and doctor's assistance at the time of fall. Doctor sat my husband up and turned him so his leg stumps were dangling off the bed. With no energy to hold himself up, he fell head first on the floor. Minor head abrasion with permanent scarring was attending to immediately. Right newly operated on leg has abrasion. He was rushed to x-rays and MRI. X-ray and MRI were not take because husband was in a reduced brain state and very agitated. Had to be given a sedative to calm him down for x-ray and MRI. Once sedated x-ray was given and MRI given. Was told only acute conditions were found on the MRI. Husband was in that reduce brain state for at least 3 days after the fall. He was forced to have a sitter in the room 24 hours from 9.7.15 to 9.15.15 due to fall that was not his fault. Dr. Lew his leg surgeon informed us that the leg now has abrasion and helpfully it will not cause any problems. Husband started rehab 9/18/15, released 10/8/15, extended stay because of the abrasion on his leg from the fall not healing. Stump was partially healed (part that was no injured in the fall) around 12/15/2015. Update leg is now completed healed and waiting on a new prosthetic.
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Phillips Esq. replied 10 months ago.

Your husband can seek monetary damages for the fall and the pain and suffering resulting from it.

You would need a local Attorney who handles medical malpractice cases to thoroughly review your case and see what claims can be made to the hospital and the treating physician. I cannot make that determination within the confines of this forum.

It is not recommended that you approach the hospital directly. You would need an Attorney to handle this for you.

You can use the following sites to find local Attorneys: