Legal Question in Medical Malpractice in Alabama

Aug 1,2012 my exhusband/roomate begun to have symptoms of vomiting, diarrhea ,confusion,and weakness- first thought it was the beginings of the flu. Aug 3rd,he was taken to medical west er where it was confirmed it was lithium toxicity-2.3 level. Aug 8th after being off lithium since the 1st was transported to Trinity psychiatric unit and was released aug 16th. was given the order of not to resume lithium and follow up with Western mental health Aug 20 @9:30. At the western app he was instructed to resume taking lithium at the prescribed dosage. Western never did a follow up lithium level blood work before He begun retaking lithium on Aug 20th. Aug 24th the symptoms retunrned: vomiting, diarrhea ,confusion,and weakness. When new symptoms begun Aug25th such as memory loss, incoordination of arms and legs and wasnt eating or drinking, and couldnt move body at all He was taking back to medical west er. After 12hrs in er he was admitted with lithium level triple the amount it should have been and he was remitted to hospital. By 4pm on aug 26th he couldnt talk and by 27th mri showed brain swelling with fluid. he had 2 dialysis treatments to lower lithium level and on Aug 28th was put in icu and sedated to coma like state. Sept 8th was transported to trinity long term care unit till sept 28th when he was transported back to medical west rehab unit till he was able to be transported to birmingham nursing rehab home oct 17th. he was able to come home dec 22, 2012. He has permanent neruologic damages that has him unable to walk, unable to be understood when speaking, eating,drinking,swallowing,taking care of personal needs-such as getting up out of bed,cleanoing up after bowel movements, taking bath/showering, feeding himself, he is unable to do all he could do himself before the 24th of aug. he has to have 24/7 care in which I his exwife/roomate provides everything for him and his health.

I think western mental health failed to monitor his lithium level especially being in hospital from aug3 to the 15th for toxicity and instructing him to resume taking the same dosage of lithium as before toxicity and not checking his current that day lithium level.


Asked on 2/16/13, 1:11 am

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

My first question is why was he taking the medication in the first place? There is possibly a case here, but it would require significant investigation to determine what experts would be needed. In medical malpractice cases, you have to have a similarly situated medical professional testify that they breached the appropriate standard of care for said professional/facility, and as a result, your ex/roommate was permanently injured and damaged.

I would be glad to discuss this with you further.

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Answered on 2/16/13, 5:06 am


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