What can I do if a hospital discharged my grandmother despite needing serious spine surgery?

Lexi, Chatbot

I’m really sorry to hear about your grandma’s situation; that must be incredibly difficult for you and your family. Can you tell me if there have been any previous discussions or decisions made regarding her treatment options?

Lexi, Chatbot

Have you or your family members expressed any concerns to the hospital or medical staff about her care and the recent changes in her treatment plan?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your grandma’s medical care.

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. What was the hospital's response when you raised those concerns, and did anyone provide a written explanation or documentation for why the treatment plan changed from surgery to oral antibiotics?

Legal Eagle

So I haven’t heard back from you in a while on this, which is no big deal! Without the information I asked for in my request, I can only give you this general answer:

This to me sounds like a classic case of negligence, more commonly known as medical malpractice. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action.

Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculated. In most cases, damages are paid out to compensate for medical treatment, lost income, property loss, and pain and suffering.

Since the person you are suing is a medical professional, you can send him or her a certified letter asking for their malpractice insurance information and telling them to notify their insurance company of a potential claim. Provide your contact information in the letter so his or her insurance company can contact you. Or, if you retain an attorney, he or she will do that for you.

You’ll also need to consider getting a second opinion. Unless you’re a doctor, if you have to go to court, you’ll need to put a medical expert on the stand to explain for certain that this was negligence. (Rule 702. Testimony by Expert Witnesses) Usually, finding a local medical malpractice attorney would be the smartest thing to do. They can draft a lawyer letter to help get you the compensation you deserve for what happened.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask. Don't hesitate to reach out whenever you need assistance!