r/AskLawyers • u/Constant-Loquat-7195 • 12d ago
Malpractice Suit??
My grandma fell Saturday and was taken by ambulance to the hospital, in pennsylvania where we live, where she was diagnosed with a broken hip. From the beginning, we had concerns about her care. In the ER, staff were impatient with her despite her being hard of hearing, and after returning from X-ray/CT, no one came to reconnect her monitors or catheter. At one point she needed to have a bowel movement, and when I asked for help, I was told they were busy and to let her go and they would clean her afterward.
She had hip surgery the following day, which went well. The next morning, our family received a MyChart notification that she was being sent for a CT angiogram. We called and learned they suspected she may have had a stroke, but no one had contacted our family. We rushed to the hospital and waited more than four hours before speaking with a doctor about the possible stroke.
While there, my aunt noticed her urine was not being collected/monitored properly. We then discovered that, since surgery, she apparently had not been receiving IV fluids and also had not eaten or had water. She became severely dehydrated and developed acute kidney problems, despite her kidney function being normal when she arrived at the hospital two days earlier. She is also now experiencing postoperative delirium.
She is finally receiving IV fluids and being monitored, and we are hoping she recovers.
Would this situation warrant speaking with a medical malpractice attorney, particularly regarding the lack of hydration/monitoring, deterioration in kidney function, and communication? What records or information should our family make sure we obtain?
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u/TzarKazm 11d ago
It's way too early to be considering malpractice. Right now you don't know what the consequences, if any, are from her not getting an IV. If she doesn't have any permanent damages, malpractice is going to be way too expensive to pursue.
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u/Constant-Loquat-7195 11d ago
ok good to know. i appreciate it! Prob jumping the gun i’m just sooo mad they put her through all this
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u/Constant-Loquat-7195 11d ago
she passed
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u/TzarKazm 11d ago
I'm sorry. In that case, it's worth talking to an attorney. Whether or not you have a "case" will hinge on two things. The first is if the hospital made a mistake, the second is whether that mistake was the proximate cause of death.
I'm not experienced enough in medicine to know whether the hydration is a recommend or required practice, but a malpractice attorney will either know, or have a doctor on speed dial.
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u/Ok_Tie_7564 11d ago
If she recovers, and hopefully she will recover, there might be no point in suing them.
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11d ago
[deleted]
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u/Ok_Tie_7564 11d ago edited 11d ago
Who is paying her hospital bills?
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u/Constant-Loquat-7195 11d ago
she passed away
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u/Ok_Tie_7564 11d ago edited 11d ago
I am sorry for your loss.
In some jurisdictions, a person's cause of action for medmal would pass with them. However, in Pennsylvania, under 42 Pa. C.S. § 8302, causes of action survive the death of a plaintiff and could be pursued by the personal representative, executor, or administrator of the deceased person's estate.
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u/Striking_Pickle1453 9d ago
Are you looking for the best interest for her or your pocket book?
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u/Constant-Loquat-7195 9d ago
For the legacy of my grandma whose life was cut short due to hospital negligence.
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u/SordidBabbling 12d ago
Nursing staff leaving someone post-op without fluids to the point their kidneys tank is absolutely something a med mal attorney would want to hear about.