Can I sue

[Hadiyah]

What is the name of your state (only U.S. law)? New Jersey....the hospital put my 12yr old daughter to sleep without my consent. They called me hours later to ask for my consent as if they were about to do the procedure after they hung up the phone with me. I immediately called back and that's when they started apologizing that they made a mistake and that it will never happen again. I'm furious that this has happened. Any advice?? Thank you. Oh and to make matters worse I found out that the nurse practioner was at a Super Bowl party who discussed my child's illness with someone at the party who went back and told someone else who actually knows me isn't that a HIPPA violation?? These ppl are driving me nuts and I don't know any other hospitals here to treat my daughters condition. Thank you again....

 

[I'mTheFather]

What is the name of your state (only U.S. law)? New Jersey....the hospital put my 12yr old daughter to sleep without my consent. They called me hours later to ask for my consent as if they were about to do the procedure after they hung up the phone with me. I immediately called back and that's when they started apologizing that they made a mistake and that it will never happen again. I'm furious that this has happened. Any advice?? Thank you. Oh and to make matters worse I found out that the nurse practioner was at a Super Bowl party who discussed my child's illness with someone at the party who went back and told someone else who actually knows me isn't that a HIPPA violation?? These ppl are driving me nuts and I don't know any other hospitals here to treat my daughters condition. Thank you again....

You can't sue for a HIPAA violation. You can report it.

Why is your daughter in the hospital? What procedure?

 

[Hadiyah]

She has leukemia. They did a cleaning procedure on/in her mouth do to mouth sores on Thursday and placed gauze on her lips...the nurses are suppose to change Vaseline gauze periodically because they are trying to make sure her lips don't scab back and seal her mouth completely shut like before. They said they put her under again yesterday (Friday) to remove gasoline gauze because it was stuck due to nobody changing it

 

[Hadiyah]

Vasoline gauze not gasoline gauze...and I think that's why they didn't call me to get permission for the anesthesia because they wasn't doing their job of taking care of her gauze.

 

[Ladyback1]

She has leukemia. They did a cleaning procedure on/in her mouth do to mouth sores on Thursday and placed gauze on her lips...the nurses are suppose to change Vaseline gauze periodically because they are trying to make sure her lips don't scab back and seal her mouth completely shut like before. They said they put her under again yesterday (Friday) to remove gasoline gauze because it was stuck due to nobody changing it

so, she's inpatient at a hospital?
If so, you may want to look closely at the admit papers you signed. Those papers may give explicit consent to perform medical procedures that are deemed medically necessary.

What is the prognosis for your daughter?

 

[cbg]

And what permanent or long lasting damage was done as a result of their not asking your permission first?

 

[Hadiyah]

Yes she is impatient...but I have to sign or give consent for each time for anesthesia to be given which they said. If I'm not there they have to call me and the put the doctor, the nurse and the doctor giving the anesthesia for all 3 to get consent. No it was not an emergency for them to do that considering they let that happened in the first place for the gauze sealing up on her lips. They kt apologizing saying they messed up and knew they we're suppose to call me because of the risk of it and currently of her condition. She is ALL leukemia n currently in ICU for septic shock.

 

[Hadiyah]

This just happened yesterday

 

[Ladyback1]

Is your daughter awake, lucid, etc. Or is she in a comatose state?

While they should have gotten permission, what actually damages did you or your daughter actually suffer?

 

[cbg]

The thing is, you can't sue if there are no damages, and you can't sue for what might have happened. While they should have asked permission, if your daughter came to no harm as a result of their failure to call you, there is nothing to sue for.

 

[Proserpina]

She's in ICU with septic shock.

She is in a critical condition and if the hospital decides to go with "it was in her best interest and we couldn't get hold of Mom", I doubt there's a court in the land going to hold it against them.

Her prognosis is going to fall somewhere between "poor" and "good", depending on multiple factors...but the fact that she's also dealing with septic shock is not good news.

Mom? Please do something for me.

Forget lawsuits and compensation at this point. Be with your little girl. If there's something to be done legally, it can be done later.

Good luck, and keep hanging in.

 

[Hadiyah]

I feel that was very unnecessary considering they said they don't want to keep putting her under unless necessary due to her having septic shock because of her breathing. She is on 5-6 antibiotics, pca (morphine) and tpn(feeding bag). Hospitals need to be held accountable for their actions because if something did happen to my daughter what was they going to say? You can't do things to people children because you messed up.

 

[Hadiyah]

On her care that the nurses were responsible for. She is not a guinea pig she is a person who is currently suffering and needs the utmost care. I'm currently am not there because I'm sick and it's contagious so I cannot be around her at all

 

[Proserpina]

I feel that was very unnecessary considering they said they don't want to keep putting her under unless necessary due to her having septic shock because of her breathing. She is on 5-6 antibiotics, pca (morphine) and tpn(feeding bag). Hospitals need to be held accountable for their actions because if something did happen to my daughter what was they going to say? You can't do things to people children because you messed up.

I'd guess that the caregivers would have a much better grasp of what is and isn't necessary.

 

[ecmst12]

So you'd rather she'd have suffered pain while they removed the stuck gauze? Really? I don't believe you are a real person.