Valid medical lawsuit?

State is NY.

My grandmother was recently hospitalized with severe back pain. Due to this, in the emergency room she was proscribed pain medication via a shot. When this was explained to her, she specifically stated that she did not react well to morphine/codine and their derivatives.

Because of this, or inspite of it, they proscribed deloted(sp?) a synthetic codine derivative. When they were preparing to give her this medicine, she asked what it was, was informed, and she refused the medicine clearly, stated I don't want that. It was administered any way. Then the doctor came back, and saw it did not do anything, and proscribed a second dose via IV, even though he said "That one dose should have knocked an elderly woman on her [butt]". Again my grandmother indicated concern and a desire not to have the medicine, again it was administered.

Once she had the second dose, she stopped breathing, and she had to be put on forced air for a few minutes to get her breathing again.

My mother and myself were present in the emergency room, and also expressed concern to the staff, especially in light of my grandmothers wishes. However we were ignored as the hospital claimed to have lost my grandmothers health care proxy forms, and were told that only my grandmother could have input to her treatment.

Since the incident, my grandmother has had a pronounced memory loss, and loss of cognative function, she says she feels like she lost something during the incident. It could be brain damage, I'm not a doctor though.

Is there any case in this, any point in talking to a lawyer re a malpractice suit?

jp10558
What did Grandmother expect the ER to do about her pain if not to administer a medication to relieve pain? She could have stayed home and taken an over the counter preparation if she didn't want any narcotic pain medication. However, she did refuse the medication and it should not have been given against her wishes if she was competent at the time. Whoever has health care proxy for your grandmother should have been present and with his or her copy of the proxy in hand.

Dilaudid is not a synthetic codeine, but more of a synthetic morphine. Its use in the elderly is not recommended and when given to the elderly must be used with great caution because of the increased risk of respiratory depression. Another medication would have been preferable and the second dose, IV, is certainly not exercising caution.

Grandmother should regain her usual mental capacity in a few days or weeks. Increasing her fluid intake should help things along, assuming that she has adequate kidney function and adequate heart function. She probably feels like she 'lost something' because of the temporary amnesia-effects of the medication and the loss of oxygen during the respiratory depression.

Should she contact a medmal attorney? Possibly. I don't think there is much to be gained but she may have her ER visit charges waived and may receive some small compensation. I hate to use this term, but what happened to her may fall into "medical battery" as well as negligence.

She is the only one who can seek a legal remedy. If she does not have a health care proxy, a durable power of attorney, a living will, and a will, now is the time to get these prepared. While she's out seeing lawyers, make sure she takes care of these other issues (if she has not already done so).

EC

Medical Battery is proper

However,
Medical Battery has to be proven by these aspects.
This is california, but it is nearly the same in all states.

530. Medical Battery
A medical practitioner commits a battery if:
[He or she performs a medical procedure without the
patient’s consent.]

[The patient consents to one medical procedure, but the
[medical practitioner] performs a substantially
different medical procedure.]

[The patient consents to a medical procedure, but only on
the condition that something else happens, and the [medical practitioner] proceeds even though that condition does not happen.]

A patient can consent to a medical procedure by words or
conduct.

Since as you stated there was propable brain damage? How can you prove this. However, let me simply state: In a medical battery case you do not have to prove medically that any injury occured, just the close approximation between the battery and the injury.
Most likely a lawyer won't take this case without a hefty retainer. These kind of cases are rarely "pro bono". However, you might be able to get a bit of punitive damage if you proceed because Battery is considered a tort and is not covered by most Caps and hospital insurances.
You may also want to sue the hospital if the nurses injected against your grandmothers will. However, if you or your grandmother signed consent forms to said procedure "one who consents can't claim battery"