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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 116252
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I had a superficial IV (22 gauge) that had potassium

Customer Question

I had a superficial IV (22 gauge) that had potassium diffused too quickly. I argued with the nurse that I was concerned about the possibility of blowing the vein, but was threatened with AMA. I ended up with a infiltrated IV, and a black dot with which I was discharged withouthe treatment as it would "go away with the antibiotics" I was placed on. Ended up going to the ER the next day because the dot was growing. I was instructed that I had cellulitis, and was placed on more antibiotics. I was told to wait for several days to see improvement. I finally went to another ER where I was rushed to a hospital (not the one that caused this in the first place) and was subject to a skin graph on my right hand that kept me out of school for months and left me with a scar that covers the back of my hand. Come to find out, after pulling my records, that I had a 3.1 level potassium levels, which should have been treated orally.
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 7 months ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 7 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.
In order to have a claim for malpractice in OH, you would need to have an affidavit of merit from a doctor stating the actions were below the reasonable standard of care. See: Ohio R. Civ. P. 10(D)(2). This means that before you could have a suit against the hospital or doctor, you need to get a doctor to agree this was negligent. Once you have that, you can file suit against the hospital/doctor for malpractice and seek damages for the medical care it required and for the pain and suffering you went through.
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