My mom went to the hospital with a cyst in her ear, she has been here over 3 weeks.

UPDATED: Sep 30, 2022

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My mom went to the hospital with a cyst in her ear, she has been here over 3 weeks.

My mom came to the hospital
with a cyst in her ear.
That was 3 weeks ago. Since
then, she went from having
a cyst to having MRSA, then
they said she had
meningitis, then pneumonia.
She had gotten released
twice, but both times ended
up back in the hospital
within 24 hours. This last
time, they sent her home
with 9 different meds, all
to be taken at the same
time. Yesterday she had a
seizure at home. Then
another in the ER. Now she
is in the hospital, non
verbal. Can we sue? And if
we do, would we win? She
can’t work, doesn’t have
insurance and they keep
running the same tests on

Asked on April 28, 2017 under Malpractice Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Medical care providers (e.g. hospitals, but also doctors, clinics, etc.) are liable for the harm they do to their patients if they are at fault. That almost universally means, if the injury, illness, etc. occured because the provider was unreasonably careless or otherwise provided medical attention which did not meet current accepted standards (e.g. standards for disinfection or hygiene). They are not responsible if they did nothing wrong: sometimes, for example, a patient gets worse after treatment even though the provider did everything right; and sometimes, it can be surprisingly difficult to even diagnose, or after diagnosing, treat, what is wrong with a patient. So whether you have a case depends on whether there is any evidence that that hospital has been careless nor negligent in its diagnosis or treatment of her, or in general infection control procedures. If they were--and again, you need some evidence of this, or reason to think it--you may have a viable case. But if there is no evidence of any fault on the hospital's part, you would not have a viable case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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