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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 111466
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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My nephew is currently in a hospital (UCI) with a heart

Customer Question

My nephew is currently in a hospital (UCI) with a heart condition due to drug use. He was admitted as an Emergency patient about 1.5 weeks ago. Yesterday, a nurse left a syringe in my nephews room which he used to administer a dose of drugs (I'm assuming Heroin). He got caught in the act. Today medical staff informed us they are removing a pick from his arm, which means he will not be able to receive any further transfusions or dialysis. Because of this, his prognosis is grim and expected live a maximum of two weeks. Please note, my nephew has been treated at this hospital before, and the hospital was well aware and had knowledge of his history of drug use.
Aside from threatening the hospital with a lawsuit, do we have any other recourse? Should my nephew die, do you see a potential for a case against the hospital for negligence and subsequent refusal of treatment?
thank you
Submitted: 3 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the PIC line is necessary for his treatment, them leaving a syringe in his room is their negligence and removing the PIC needed for his care is more negligence and grounds for a suit for malpractice. You need to inform them that since it was their negligence in leaving the syringe and now removing the PIC is going to be more negligence you will be getting a medical malpractice attorney involved immediately to not only seek an injunction to stop them but also to sue for malpractice should their conduct cause your nephew's earlier death. Usually that is all it takes to make them change their mind, but if it does not, you need to get a local malpractice attorney involved IMMEDIATELY and not later to go to court to force them to properly treat him.