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Roger, Attorney
Category: Legal
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Im not sure what to ask or how to go about doing any of this,

Customer Question

I'm not sure what to ask or how to go about doing any of this, but I am set out to sue a local hospital. I'll try to make this as brief as possible but will answer any question in full detail to the best of my ability. In brief: I live on a feeding tube due to a chronic illness. One night I was severely weak and fatigued, I thought I was close to death, so I went to the ER where they gave me fluids and also noted that my potassium was low. Knowing that I couldn't take anything by mouth, they tried mixing a potassium pill with water and in turn clogged my feeding tube entirely, placing me in a dangerous situation, and my low potassium was still not treated. (Important note - my tube had migrated out of place in the past and this same hospital transfered me to Pittsburgh, PA because they were'tn qualified to do anything). Well, They tried telling me I was going to have to go back to the original hospital 6 hours away that had placed the tube, but instead, one of their local surgeons took it upon himself to fix it, acted like it was a routine thing & no problem. They sent me home, still not treated the potassium issue, and I came back the next day depleted to the point the room was spinning. They went through with the surgery and more or less forced me out after even though i was throwing up and felt super weak. They said my medications at home could manage my symptoms that I didn't need to stay any longer. Two days later, the tube came back out of position, leaving me without any form of nutrition or fluid intake, so I went back to their ER at 2am. Even though there was no one else there, I never saw a doctor, and only saw a nurse when she took me to my room. I eventually ended up having to leave, because I thought they'd transfer for me somewhere to get it fixed, that it was a dier situation, but my family ended up having to drive me to Cleveland Clinic.

I've been to multiple hospitals and dealt with a lot of things, but this one I'm talking about has put my life in danger so many times now. I want to sue them for absolutely everything I possibly can. I just need help getting things in order because I've never been in this situation before. Please help and let me know what to do. Thanks.
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.
Hi - my name is Kirk and I'm a litigation attorney. Thanks for your question, but I am sorry for your trouble with this. I'm sure going through something like this is a haunting experience.

I'll preface everything by recommending that you consult a local personal injury or medical malpractice attorney in your area about suing the hospital and the medical providers (doctors, nurses, etc.). These cases are very complex, require expert medical witnesses, etc.

That said, the standard in these cases is to determine whether or not the medical provider fell below the applicable standard of care - - which is what a reasonable medical provider would have done in the same situation. IF your providers fell below that standard and didn't act as a reasonably prudent provider, then there would be negligence and grounds for you to sue.

Usually, before filing suit, you must have a physician or medical expert review the medical records to determine whether there is a violation or a breach of the standard of care that you can pursue before even filing the case.

Thus, it is really difficult to pursue a claim on your own. However, if you believe that the providers fell below the standard of care, then you should get your medical records and consult with a local attorney about getting this started.
Expert:  Roger replied 4 years ago.
Hi - one other thing I forgot to mention is the best way to locate a local attorney in your area. You can visit and look for a personal injury/medical malpractice attorney in your area. These attorneys are the best of the best, and those with AV or BV ratings are the top in their fields.

They should be able to help you get started with this. Please let me know if you have any other questions. Thanks.