But for one unfortunate young man, a nurse who was allegedly high on methamphetamine accidentally removed his breathing tube while he was giving him a bath, causing his heart to stop beating and resulting in irreversible brain damage.

The young man was admitted to the hospital with the flu. He now eats through a feeding tube, is unable to speak, and has difficulty walking.

The boy’s mother said that the nurse appeared to have bloodshot eyes. She observed him shaking and sweating and said that he appeared to be very hyper and anxious.

While the nurse and the hospital deny that the nurse in question was high on meth at the time of the incident, the family’s lawyer claims that the nurse made his addiction known to hospital administrators as far back as 2014. They also claim that he was admitted to a drug rehabilitation program for nurses called IPN (Intervention Project for Nurses).

In 2016, however, the nurse quit the program and they reported him to the health department. He had violated a 5-year contract that forced him to keep up with the rehabilitation program and seek out mental health services.

Is the Hospital Negligent as Well?

When a nurse is admitted to the IPN program, the administrators of the hospital are made aware of the situation. If there is an adverse medical incident involving a patient, the hospital should immediately give the individual a drug test. In this case, the hospital failed to give the nurse a drug test.

When the nurse washed out of the IPN program, he told the health department that he gave up his nursing license and had taken a job as a cruise line consultant. But clearly, that wasn’t the case.

The boy was born with Jeune Syndrome, a rare genetic disorder in which the lungs fail to develop properly. The hospital was aware of his condition, and that the boy needed to be put on oxygen in order to keep him breathing. The nurse was responsible for bathing the boy and asked his mother to help him replace the sheets beneath him. As he was lifting the child, his hands began to shake. The tube in the young man’s mouth had fallen out. The nurse failed to replace the breathing tube and asked another nurse to assist him. The nurse attempted to resuscitate the child but also failed. A tracheotomy had to be performed. By then the boy’s brain had been starved of oxygen for at least 7 minutes.

Calculating Damages

While the hospital and the nurse still deny any wrongdoing, a jury could easily find in favor of the plaintiff in a case like this. The family will likely be able to collect on their subsequent medical expenses including care for the boy for the remainder of his life. They will also be entitled to compensatory damages for pain and suffering, and the loss of happiness, fear, and anxiety that the situation caused them. In addition, they’re entitled to be compensated for lost time from work.

We Can Help You Today

If you have been the victim of medical malpractice in Miami, our talented attorneys are eager to assist you today. Don’t hesitate to reach out to Alan Goldfarb, P.A. for assistance with your case.

Resources:

miamiherald.com/news/local/community/miami-dade/article203066019.html

What Can Go Wrong?

Most healthcare professionals are held to high standards, which they strive for and often live up to. The vast majority of the time you can go to an ER or your local doctor and be diagnosed and treated without incident. It is, after all, the doctor’s job to help you and remedy your ailments. No matter how dedicated the physician, how well-respected the hospital or clinic, or how accurately you provide your medical history, things can still go wrong.

In a chaotic environment, miscommunications can surface; critical information may be mixed up or written down incorrectly on a patient chart. Improper dosages of medication can be administered. Things such as this may cause new injuries, ailments or anxieties, or may cause pre-existing conditions to re-surface or become aggravated. It may take too long for a physician to get to you in the waiting room, causing permanent or debilitating physical consequences that could have been avoided, had your injuries or condition been assessed sooner.

Complications may not be immediately apparent after treatment, but may surface after some time. That is why there is a protection on legal claims in Florida that gives a person two years from the date of the incident or date of discovery where the person knew or should have known they suffered an injury from medical personnel. This “statute of limitations” is designed to be a balance between barring claims that allow too much time to pass and are thus too attenuated to be attributed to the event alleged, with the need for people to allow some time to pass so they can gauge possible complications.

Florida Medical Malpractice and Emergency Room Negligence Attorneys

When doctors are careless and make mistakes that lead to an innocent patient’s death or injury, they must be held accountable for their actions. Our knowledgeable medical malpractice lawyers have experience in working with emergency room visit claims, anesthesia or medication errors, and other areas involving doctor negligence. We know how to work with hospitals, other lawyers, and insurance companies to ensure that you receive the compensation you are entitled to under Florida law. In legal areas such as medical malpractice, it is important to seek legal advice as soon as possible after realizing that you have been harmed due to a physician’s care, since failure to file a claim in a timely fashion may forever bar your legal claim. You should not suffer because of the mistakes of others; contact Alan Goldfarb P.A.’s Miami, Florida office and learn more about your legal rights today.