My friends mother passed away today in the waiting room at a local hospital. She had been coughing really bad and started coughing up blood. She informed them that she was really short of breath and could barely breath but they made her wait for 5 hours. After 5 hours she ended up just closing her eyes and passing away. The blood had filled her lungs and she had essentially drowned because of medical negligence.
My question is, could the hospital be sued for this?
Zach
More than likely not. Your friend would have to prove they were negligent. If you come in stating you are coughing up blood may not seem like an emergency to them unless more severe symptoms were also there.
pragmatism_rules
Yes, but they will need a very good lawyer and a doctor that is willing to testify that this was negligent, which it was. Your friend's mother should have been triaged right away but obviously the hospital didn't give a damn. I am so sorry this happened. Good luck and God bless.
*****
Addendum: I am sorry but "coughing up blood" is a danger sign and should have been heeded right away....especially since the patient might have tuberculosis which is HIGHLY contagious and can involve coughing up blood. Your friend's mother should have been seen within the first half hour of going to the emergency room.
sabrina
Excuse the language but hell yea. thats medical neglance. she should have been considered critical and seen immeditaly. not left in the waiting room.
Lynn Bodoni
You, or rather your friend, would have to talk to a lawyer. Most lawyers will give one free initial consultation.
In order to sue the hospital AND WIN, your friend would have to show medical malpractice. That is, your friend would have to show that his/her mother actually informed the hospital staff that she was short of breath and could hardly breath, and that they neglected to take action.
I have shown up at a hospital a couple of times gasping for breath. Before I could even say anything, I was whisked into a treatment area, where I was hooked up to oxygen. This has ALWAYS happened within 1 minute of my arrival at the ER intake desk. I was also always given furosemide, which helped drain the fluid out of my lungs. Granted, my lungs were filling up with mucus, not blood, but my point is, I've always been treated VERY quickly when I've had breathing problems, and this has happened in more than one ER.
Libraryanna
That depends on what she told them when she got there and if she told them it was getting worse. (Or, in reality, what they wrote down that she said, since she can't testify and unless someone else what sitting next to her, there is no other evidence.)
If it was just a cough and a little blood tinge on what she was coughing up when she got there, it wasn't an emergency. If she got worse as she was sitting there and told them and they ignored her (and it can be proved), then possibly.
If she got worse and did NOT tell them, then no, there wouldn't be a case, again depending on what symptoms she had when she got there.
They should call malpractice lawyers with the details and see what they say. There is no charge up front. They should, if it's not too late, try to get an autopsy done.
Orignal From: Tips: Could the hospital be sued?
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