Is this medical negligence?

Posted by 70sfamily | 5:24:00 PM


On saturday my 11 month old son rolled off the operating room table because he wasnt sedated or secured and the dr nurses and techs happened to look away at the same time he has bruises but no permanent damage. I dont know what to do can someone please tell me
I raised hell with the hospital administrator they did a investigation. Nothings happening with to the drs or nurses. can i pursue this?
the surgery hadnt started yet my son has bruises on his head and shoulder they hadnt started anesthesia yet
The reason we know no permanent damage was done is the drs did a ct scan after the surgery was over they told me the results but they wont show me the report

Drunkin Monkey
raise hell to the hospital administrater

hello
probably not but definitely a case of idiocy and they probably are used to them being sedated

imrational
NO.

Several things are required for the charge of negligence to be met. All of them must be met for negligence to occur, not just one or two.

1. Duty: the staff was responsible for keeping an eye on your son and make sure he didn't "roll off the table". They didn't succeed in their duty, so this one aspect of negligence was met.

2. Standard of care: I know it's scary to have your child undergo surgery... but accidents happen. Sedating a child is far more risky than letting him lay on a table and being restrained frequently makes kids very panicky. In other words, not having your son sedated or restrained at that time would have been the standard of care. You could make the case that they should have been watching him constantly, so I give a slight chance of this aspect being met. However, how many children fall off couches/chairs right in front of their watchful parents?

3. Damages. No permanent damage was done. Yeah, there were some bruises, but those fade in a matter of days. You might be able to win a lawsuit that would entitle your son to some children's motrin for the pain... but that's about it. Usually, when people talk about damages done in medical negligence... it refers to permanent and catastrophic damage.

I wish you and your son the best, but again, it doesn't look like the charge of medical negligence was met.

RKANTER
You have every reason to be angry but this does not constitute negligence In the legal sense.

Michele
I am compelled to ask how it is known that no permanent damage was done? Did the doctors perform a CT scan to ensure your son didn't sustain a concussion? A concussion can pose serious long-term problems. Falls are the number one cause. Check out the Center for Disease Control's brochure...http://www.cdc.gov/concussion/pdf/Facts_about_Concussion_TBI-a.pdf.

As for whether this is medical negligence, I would call a reputable lawyer in your state and get a free consultation. They are best equipped to assist in this matter and know what questions to ask to help you determine whether to pursue a case.

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