I was recovering in hospital right after major leg surgery and was in a lot pain. I kept waking up screaming in pain. The nurse told my mom she should push my morphine button while im asleep and it's desinged not to let me overdose. well my mom kept pushing it while i was asleep as much as it would let her. A nurse never came checked on me for awhile because i was rude to her while in pain. A nurses aid fond me blue and foaming at the mouth. I almost dies. It took 4 hours to get me responsive. I was very frightened along with my mother. The nurses negligence and bad advice about killed me. I also think its against law fro someone other the the patient to push that button.
Is this worth seeking legal action? It did end well but her mistake almost cost me my life/
Jason
If your lawyer can prove negligence then yes... but because your mom was pushing the button, it's going to be a hard case to win...
J M
No. Your mother was the one pushing the button. It's designed for you to be the one pushing the button and with morphine you will fall asleep before you overdose.
Without knowing EXACTLY what the nurse said, you don't have any proof that it was her fault. As a rule, nurses don't necessarily have time to check on every patient. You were stable and your mother was with you. Your mother should not have pushed the button, ultimately she is responsible for her actions.
Infiniti
Your mom is the one who pushed the button. You would need concrete proof that that was what the nurse really said, if she said anything at all. It would your mom's word against hers. The burden of proof is yours.
Thank your lucky stars that your alive and well. The hospital has attorneys who will fight you tooth and nail. I don't think it would be worth taking them to court.
Good luck
SouthernRose
Sounds like a machine malfunction or you had some other reaction cause those machines are set to give you a set amount and it will not give another till a certain time has passed. For example, you push the button at 4:00 p.m., it might be set not to give another dose till an hour has passed. So your mom would not have caused it unless the machine was set to give more than it should have and that would be hard to prove now. Pain is best controlled when there is a constant dose of pain meds in the body, and those machines allow you to keep a pretty constant dose in your body.
Bella
whether or not you have a suit has absolutely nothing to do with your mom pushing the button. That is VERY common and nurses set it up that way all the time. They make it so that you cannot overdose...meaning, the max amount you can have is there and you can take it all at once or over the course of time, doesn't matter. So scratch that from your suit for sure. Also, you turned out just fine, so it will be difficult to prove where there was negligence. If you truly feel strongly about this and have some proof...not he said/she said...but solid paper proof, then you can speak with a medical malpractice attorney.
Orignal From: Tips: Do I have a medical malpractice suit?
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