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Can my parents sue the hospital for negligence?

1 Answers. Asked on Sep 13th, 2013 on Medical Malpractice - Arkansas
More details to this question:
My dad went into the emergency room recently because he thought he was having a heart attack. He was wheeled into the waiting room where he waited for over 15 minutes. A nurse came out and saw him and asked the front desk what was wrong with him because he was about to climb out of his chair. The front desk looked at the paper Work and said that he only had a cough. The nurse went and grabbed him and rushed him back and that was when he had the heart attack and they physically lost him and they had to bring him back to life. Based on them having false information in their paper work, and had they not, they may have been able to prevent this, can my parents sue for negligence? He could have died in that waitin room if that one nurse didn't notice something was wrong and nobody even admitted their mistakes. The nurse came to them and told them what happened days later. What do you think?
Answers Showing 1 out of 1
John J. Ratkowitz, Esq. at John J. Ratkowitz
Licenced in NJ
Answered on Sep 15th, 2013 at 6:38 PM

It sounds like you father received substandard care, but in the end analysis, the nurse may have avoided further damage when she intervened and took him out of the waiting room. If your father did not suffer from permanent problems related to the delay in treatment, he probably does not have a financially viable malpractice case. 

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. 

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com

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Medical Malpractice
Have you been injured as a result of a doctor, nurse or other healthcare provider's mistake, misdiagnosis or professional negligence? If so, you may be entitled to compensation for your injuries under your state's medical malpractice and personal injury laws. Medical malpractice claims can arise from a doctor's failure to diagnose a health condition, misdiagnosis, medication error, negligent behavior or mistake during childbirth that causes birth defects. Medical malpractice attorneys can review your medical records and help determine whether your have grounds for a lawsuit. If appropriate, your lawyers can file a lawsuit, attempt to negotiate a settlement on your behalf and represent you during trial, if a settlement can't be reached.
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