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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 12637
Experience:  Attorney with significant personal injury experience
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My wife had a mri while in the emergency back pain.the mri

Customer Question

my wife had a mri while in the emergency for lower back pain.the mri results showed she had cancer of the spine.the mri also showed she had a lesion on her right lung.she was scheduled for a biopsy as an out patient.during the biopsy she developed a bubble on her lung, so she had to be hospitalized untill the bubble dissolved. the first day while in the hospital she was at risk for falling due to her severe back pain,she was also wearing the hospitals red slippers, and was not allowed to get out of bed with out a nurses assitance.the first day a nurse always assisted her while going to the bath room.the second night she rang for a nurse 3 or 4 times, no one one came, this waS 8 to 10 min. she rang again still no response, so she got up on her own to go to the bath room,as she neared the door she slipped and fell breaking her left hip and fracturing her right remur. is the hospital liable tor this accident/
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. I am so sorry to hear about your wife's health problems.

To establish a claim for medical malpractice, your wife would have to establish that the failure to respond to her within 8-10 minutes was negligent, and that her injury was a foreseeable result of that negligence. It will be very difficult to prove these things, since a 10 minute response time is not completely out of the norm for a hospital. Furthermore, it will be hard to argue that the injury was foreseeable since she was specifically told not to leave her bed without assistance. Finally, there is a comparative negligence issue here (meaning it could be alleged that your wife is responsible for her injuries) because she did not follow instructions with respect to leaving her bed only with assistance.

This is a very tragic thing to have happened to your wife, and I am not telling you that no claim for malpractice exists. But facts like these will present a serious uphill battle, that is the simple reality of the situation. Still, given the very serious injuries your wife suffered in her fall, it would absolutely be prudent to consult in more detail with a local attorney. Perhaps it will not be possible to get a full value settlement, but some sort of settlement based on partial liability is not completely out of the question.

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.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get paid for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.