Misdiagnosis/Inappropriate Drugs Given

[996ttelise]

Florida has nothing to do with this post EITHER! Stop bringing up irrelevent states.

If the damages are not sufficient to make pursuing a claim viable, that is as good to the claimant as not having a claim at all.

I understand so I will be more direct in the future. Telling her she does not have a claim or any damages based solely on the information provided and without a review of the chart is remiss. Improper use of restraints and violations of one's civil liberties may not require a "permanent injury" as you stated. Failure to diagnose UTIs are actually pretty strong evidence of abuse and neglect if that occurred. Failure to diagnose UTIs can lead to mental changes and significant decline in one's mental status. Infections or sepsis can impair renal function which would be revealed by checking labs such as BUN, creatinine and throw in protein markers such as albumin while you are at it. I would also review the chart for skin breakdowns which usually accompany someone who has an infection, becomes dehydrated, incontinent and more sedentary. The facility may or may not have pointed wounds out, but the wounds would be documented during hospital intakes. Was resident regularly covered in urine and feces and kept in a dirty state? Did they comb her hair? Did any of her personal items disappear? Was she showered regularly? Did any of the facilities seem short staffed and not respond to call lights? Did the resident have any falls? Did the facility feed the resident properly or did the resident lose weight after she became unable to meet her ADLs? Too many unanswered questions.

 

[ElvinMelvin]

No, not at all. Just diplomatically addressing somthing that may or may nit be correct.

This hypothetical merely exemplifies that perhaps a "permanent" injury is not necessarily mandated to have a claim for a compensable injury. There may be a bit of mixing apples and oranges here. For instance, some no fault systems for motor vehicle accidents do require a permanent injury. Florida's no fault system for MVAs does require an opinion of a doctor or chiro to opine that the victim sustained an injury that is permanent in nature. Permanent injury under the no fault system can be diagnosed if symptoms persist for about 6 months after the accident.

The issue regarding med mal may be a bit different. The issue with med mal is that if the person is not dead or does not huge damages, the claims will likely not be pursued as the costs to work up the case could easily exceed the potential value of the case. Nursing home cases are a completely different animal. Verdicts such as Rankin Mississippi for 7.8 million for a single stage III decubitus ulcer that was resolved by the same facility. Verdicts in nursing home case are more about neglect than actual damages or pecuniary value.

You are kidding, right?

This isn't a law lecture. The vast majority people who come here seeking advice have no experience with the law. More to the point, they have no interest in the law beyond their own specific cases.

So let's keep our eyes on the ball and try to provide concise, salient information to the OPs, shall we?

 

[996ttelise]

You are kidding, right?

This isn't a law lecture. The vast majority people who come here seeking advice have no experience with the law. More to the point, they have no interest in the law beyond their own specific cases.

So let's keep our eyes on the ball and try to provide concise, salient information to the OPs, shall we?

More aimed at people giving something that could be construed as legal advise that may be flawed or misguided. Just trying promote though and accuracy.