Wife dropped by hospital staff, is it malpractice

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Guest: Here’s my question. My wife was mid admitted into Pontiac St Joel’s hospital the day after mother’s Day.

Brian: Yeah.

Guest: She was very weak in that evening and there they were taking her to the bathroom. It was either a nurse or nurses aids and he dropped her. Uh, they dropped her on the ground so she hit her head against the wall and the immediately took her for a cat scan to make sure there wasn’t any other damage.

Brian: Okay.

Guest: When I went to the hospital, she had a bruise above her right eye. She had bruising like on her elbows where she tried to maybe grab onto the floor or something and also on her like leg under thigh area. Uh, I, I guess my question is, is there any, you know, that’s not the way you treat, uh, patients, isn’t it?

Brian: Well, let me ask you a, just a couple more specific questions. Um, when she fell, did the nurses or the aids have a hold of her?

Guest: I wasn’t there, so I can’t tell you that. But I tried, they did write a report, an accident report, cause I guess they’re mandated to, and I asked him for that report. I talked to a nurse there and she just said I’m going to have to go to my supervisor and I never got the report, but I’m sure there’s something in or I could probably get including the cat scan to find out really. Was there any other damage done?

Brian: Um, yeah, I, the thing is, is that uh, it’s possibly malpractice. It’s possibly just general negligence. We had to figure that out. And you said this happened this year?

Guest: Yeah, it happened the day after mother’s Day.

Brian: Okay. I’m so sorry for your loss. How’s your mom? How’s your wife doing now?

Guest: She passed away.

Speaker 2: Oh, I’m so sorry. What was, uh, what was the cause of death?

Speaker 1: Hello? She has stage four lung cancer.

Brian: I’m so sorry to hear about that. Um, so listen, if you, if you can get the report, get the report and get the cat scan report and get it over to us, you may run into some trouble because there’s no estate open for your wife. I’m assuming at this point, is that correct?

Guest: Uh, yeah. Everything that she, yeah, we got a, we had a will and a trust and everything else and her, anything that she would have in her would be a, you know, passed on to me.

Brian: Right. And so no estate was open to transfer those, uh, items they just automatically transferred on her death, correct?

Guest: Correct.

Brian: All right. So listen, if you really want to pursue this, get those done, those bits of documentation for me and, and, and get them over to me as soon as you can so I can take a look at it. But let me ask you this. Do you know what the statute of limitations in Michigan is for this situation?

Guest: No.

Brian: Okay. So it’s two years from a man for a medical malpractice case and if there’s a death that ensues, you have to open an estate for that statute to start, run, start to run. However, you only have five years to open an estate. And if you don’t open that estate within five years, then you’re completely out of luck. You won’t be able to do anything about it at all. In addition to that, once you get to the point where you know there’s a malpractice and you need to pursue this further, then, uh, you have to do what’s called a notice of intent to file a medical claim, which is basically giving to your opposing party every bit of information and evidence that you’ve got so that they can try to beat you and get a head start. That’s really the way it comes down to. Okay?

Guest: Well, I took pictures of the bruising that shed above her right eye and pictures of her elbow and also under her thigh area, which was bruised, I guess when she fell.

Brian: Preservation of evidence is always, always a very important thing, and you, it sounds like, did the exact right thing. All right.