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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 12631
Experience:  Attorney with significant personal injury experience
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My mother is in Winter Park Towers due to a p replacement,

Customer Question

My mother is in Winter Park Towers due to a hip replacement, she also has a pacemaker which she takes xaleto 15 mg due to atrial fibrillation. In June of this year she had a hip replacement done, the doctor who did the surgery ordered lovenox to be given for two weeks then resume her medications prior to surgery.
this is why I am writing to you, since June she has not taken the xalelto, since the doctor at the towers never resume her medicaions. This is normal orders for anyone post-op. I have been a registered nurse for 26 years, I know what should have been done. I notified the supervisor of nurses and the social worker in this facility that this is negligence on their part. My mother could be full of blood clots due to their error. I called the doctor and told him I want a stat order to resume her medication and labs to be drawn to see where her levels are. They also need to do dolplers of her leg and lungs.
I feel so bad I didn't catch this sooner, I just happen to be there when she was getting her medications at 5P.M. that's when her xalelto was due. That's when all this started. I called the supervisor of nursing at the facility and she was supposed to fix all this. When I called this morning and asked for the nurse who was taking care of my mom and asked her what she got in report. she stated that my mom was fine. That was all she got, no indications that I called, the report to the supervisor, nothing.
There's more, but do I have a case for negligence on their part, especially the physician.
Without taking the blood thinner, and being in atrial fibrillation, her heart throws out micro-clots, which could be all over her body, Please let me know what you think. thanks Bobbie Hibbs (###) ###-####
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Yes, it certainly seems as though medical malpractice has been committed. The question, however, is one of damages. In law, you cannot collect for speculative harms or would "could be." You can only collect for harms that were actually sustained. So, whether or not your mother has a legal claim under these circumstances will turn on whether she actually has a blood clot or suffers some other adverse health consequence as a result of this error. If she does, then she would absolutely have a medical malpractice case worth pursuing. But if she doesn't, she does not have any recoverable damages and, thus, while liability exists, there is nothing to recover through a civil suit.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.