medical malpractice

Location: Texas

On 2/2/01, my Mother was taken to a hospital due to resportory problems and high fever. She is an 85 years old and an 18 year alzheimer's patient. She is in the end stages (fetal position) of the desease. She is completly dependant, double amputee, feeding tube and catheter. My wife and I have cared for her in our home for the past six years , 24/7's. We have maintained a clear skin condition during the 6 years, working very hard to prevent bedsores.

Upon being admitted to the hospital, the normal questions regarding allergies were asked. Each time, by two nurses and the ER doctor, the response was the same " She is Allergic to ZINC. When taken to a regular room from the ER, a red band was placed on her wrist along with the hospital ID. The red band said "ALLERGIES-ZINC".

By the next day, she had experienced a severe breakdown of the skin on her buttocks and groin area. For the next several days, while being treated for the resportory problem, the skin condition worstened. All the while, we were thinking it was due to diarea and not being turned and cleaned well by the nurses.

On the morning of the 6th., I found a tube of ointment that the nurses were using, turning to the back for ingrediants was "ZINC OXIDE". We had provided the prescribed creams and ointments that we used when she was admitted.

After inquiry and obtaining all the medical documents, I found that the ER doctor had perscribed the ZINC OXIDE ointment. The Hospital Administrator said he did not know it had ZINC in it.

All of her charts showed that she was allergic to ZINC and even the M.A.R. form (medication form) indicated Allergic to ZINC at the top, yet, down in the medication list, it shows ZINC OXIDE to be applied every two hours.

The Hospital and Doctor know that they made a big mistake and have no excuses. My mother, experienced pain and suffering, from the zinc, although, she is like a new born baby, and can only groan, grunt or grimiace with her face to indicate pain. She does not even know how to cry.

My question is, should I file a claim for damages and/or compensation for her pain and suffering and also the affects that it had on our mental being, as what we had managed to prevent, skin breakdown, for six years, they un-did in 3 days.

Should I file against the Hospital and the Doctor separtely.

Realizing that it will be hard to establish the degree of pain experienced, due to My Mothers condition, what amount of compensation should I seek.