What are the chances of my grandma winning this case or getting a good settlement. She was in surgery getting gall stones removed. When the IV in her arm that was supposed to keep her numb, came out. she tried to tell them but she had a tube down her throat so she could not tell them that she could feel every insision they made. When she tried to get their attention by moving her leg around they just held her down. So after she went through all this pain for an hour. She told the the doctor what happened he just said it was a freak accident.
2 Answers from Attorneys
She may have a case as I would suspect that failing to monitor the iv drip would be a violation of the standard of care. However, I am not sure about damages. Although, she certainly suffered, malpractice cases generally require major injuries and ongoing pain and suffering.
I think your grandmother has a very good chance for a good settlement or verdict at trial. The hospital and doctors in the operating room should have maintained the iv drip, their failure to do so caused harm, for which the patient should be compensated. Be aware that there are very strict procedures for a medical malpractice claim, so she should obtain an attorney on this as soon as possible. Good luck.