Legal Question in Medical Malpractice in Florida
neglect
I have twin girls that where born last week , Aug 10 , 2006 , they are both 2 months premature.
While in the care of the hospital they are being feed by a small tube / wire in there mouth , along with several other IV's - the overnight nurse attending to one of my girls , incorrectly placed her formula in her IV , the Dr and head nurse informed my wife of the error yesterday and I spoke to them last night regarding this. They are taking several tests to determine any infection or other effects this may have caused. Infection being the biggest concern for premature babies.
They have also had the mfg of the lines come in and change the color of the lines and have changed all protocal regarding these procedures.
I will like to know if I have legal grounds to sue the hospital
2 Answers from Attorneys
Re: neglect
Yes, you do have legal grounds to sue the hospital; however, the key question as to whether it is worthwhile to do so will depend on whether your daughter has been injured and, if so, to what extent.
If she fully recovers from this incident, then there is no damage and you cannot sue. If her injury is small and insignificant, the laws of florda make it economically impractiacal to do so.
You really need to speak to a lawyer that regularly handles these types of cases to explain your rights and to know how to best proceed. I have handled medical malpractice cases for 20+ years. If you wish, please contact me. Certainly, you should speak to a knowledgeable malpractice lawyer. Make sure he really does handle thgese types of cases on a regular basis.
Alan Wagner
Wagner, Vaughan, McLaughlin & Brennan
Tampa, Florida
www.WagnerLaw.com
Re: neglect
I agree completely with Mr. Wagner. Hopefully, your daughter will not suffer any permanent or substantial injury as a result of the nurse's error. However, you should immediately contact a medical malpractice attorney who can guide you through this trying time and make recommendations based on your daughter's recovery.
I would be happy to discuss this matter with you further. Please do not hesitate to contact me.
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