If there were 2 lab errorswithin 3months which resulted in an ICU stay, do I have a case?

UPDATED: Dec 21, 2010

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If there were 2 lab errorswithin 3months which resulted in an ICU stay, do I have a case?

In 06/10, I had labs drawn and received a phone call the same day and was told that my HGB was 5 and ot looked like my TTP was out of remission. This was incorrect information; my hospital labs were not in fact OK. The lab tech drew half of the blood that he needed. In September, another lab tech stuck my left arm unsuccessfully 4 times. She asked if I was on dialysis still. I advised her that I was not. She then said that she would use my right arm, but I told her no one uses my fistula. She said it’s OK since I was off of dialysis. I said, “OK, you know more than I do”. She went ahead but after she stuck it said, “Oh no, that’s arterial blood”. She then snatched it out and 2 weeks later fistula/vein clotted from elbow to wrist. I had to be admitted to the hospital. Should I speak with a personal injury attorney? In Wichita, KS.

Asked on December 21, 2010 under Malpractice Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You probably should speak to a personal injury attorney. Medical malpractice is not providing the level of medical care or service expected by the profession. If the lab techs erred, as they may have, by being careless or ill trained (not taking enough blood; using the fistula if they shouldn't have), that may constitute malpractice and you may be able to recover medical costs, lost wages, and other out-of-pocket expenses incurred as a result; possibly also pain and suffering, if the suffering was severe and/or prolonged. Assuming that the damages, especially the medical, wages, etc., you could sue for are worth potentially hiring a lawyer (a few thousand dollars at least), it would be worth speaking with an attorney w/medical malpractice experience.

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