How Do We Sue a Hospital for Administering Medication Against Our Wishes?

Question from Dan, How Do We Sue a Hospital for Administering Medication Against Our Wishes?

Answer from AI:

If you believe that your newborn was administered medication or injections against your explicit wishes, you may have grounds to pursue legal action against the hospital and/or the nurse involved. Here are the general steps and considerations for holding them responsible:

1. Understand Your Rights and the Law

In the United States, patients have the right to informed consent, which means they must be informed about and consent to any medical treatment. This right is protected under both federal and state laws. In Tennessee, the relevant laws include:

• Informed Consent: Tennessee Code Annotated (TCA) § 63-6-229 outlines the requirements for informed consent in medical procedures.
• Medical Malpractice: TCA § 29-26-115 provides the framework for medical malpractice claims, including the need to prove that the healthcare provider deviated from the standard of care.

2. Gather Evidence

To build a strong case, you will need to gather evidence that supports your claim. This includes:

1. Medical Records: Obtain copies of all medical records related to your wife’s labor and your newborn’s treatment. This includes the signed paperwork refusing medication and any records of the administered treatments.
2. Witness Statements: Collect statements from anyone who was present during the incident, such as family members or other medical staff.
3. Documentation: Keep a detailed record of all communications with the hospital and any follow-up actions you have taken.

3. Consult with a Medical Malpractice Attorney

Given the complexity of medical malpractice cases, it is crucial to consult with an experienced attorney who specializes in this area. They can help you:

• Evaluate the strength of your case.
• Determine the appropriate legal strategy.
• Navigate the legal process, including filing a lawsuit and negotiating settlements.

4. File a Complaint with the Hospital

Before pursuing legal action, you may want to file a formal complaint with the hospital. This can sometimes lead to a resolution without the need for a lawsuit. Most hospitals have a patient advocacy or ombudsman office that handles such complaints.

5. Initiate Legal Action

If the hospital does not resolve the issue to your satisfaction, your attorney can help you file a lawsuit. The steps typically include:

1. Notice of Intent: In Tennessee, you must provide a 60-day notice of intent to sue before filing a medical malpractice lawsuit (TCA § 29-26-121).
2. Filing the Complaint: Your attorney will draft and file a complaint outlining your allegations and the damages you seek.
3. Discovery Process: Both parties will exchange information and evidence related to the case.
4. Settlement or Trial: Many cases are settled out of court, but if a settlement cannot be reached, the case will go to trial.

6. Potential Outcomes

If successful, you may be awarded compensation for:

• Medical expenses incurred as a result of the unauthorized treatment.
• Emotional distress and pain and suffering.
• Any other damages related to the incident.

Additional Resources

For more information, you can refer to:

• Tennessee Department of Health – Office of Customer Care
• Tennessee Rules of Civil Procedure

Note: This information is intended to provide a general overview and should not be considered legal advice. It is important to consult with a qualified attorney to discuss the specifics of your case and receive personalized legal guidance.