She fell out of her hospital bed. Find out
how I was able to learn that the hospital violated it’s own protocol. Hand they not
done that this patient would have never fallen out of bed and fractured her shoulder. Do
you want to learn what happen here? Come join me for a moment as I show you some great information.
Hi I’m Gerry Oginski, I’m a Medical Malpractice and Personal Injury Attorney, practicing law
in the state of New York. She was hysterical, she was emotionally distraught
an ambulance had to be called by her family. They took her to a local emergency room and
now she couldn’t calm down. She was screaming, she was hysterical, the doctors there immediately
gave her a sedative to try and calm her down. With in a few minutes she was more relaxed.
They left her on the table while they went out. Now, that’s violation number one. Now
how do I know that’s a violation? I know that because after we started a lawsuit, I asked
the hospital for their policies for the emergency room, for patients who come in with psychiatric
problems. For patients who are now sedated. What is the hospital protocol? What is the
policy about what happens to a patient when they are brought in in distress? The very first thing I learned by reading
the hospital policies is that when a psychiatric patient is brought in, who is clearly unstable,
number one, they are to be provided with a monitor. That’s like a babysitter, and why
do they do that? To make sure the patient doesn’t harm themselves. You might be asking,
“How can they harm themselves?” Imagine the scenario. The patient is lying in a hospital
bed she’s now sedated. She’s not asleep but she’s sedated. She’s still emotional distraught
but she’s just a bit calmer. Now, she might get up out of bed to go to the bathroom. She
might want to get up and go for a walk. Maybe if she smokes, she might want to go outside
for a smoke. There are many different possibilities that
can occur, but she might also intentionally try to harm herself. That’s why the hospital’s
own protocol said the patient is to have a monitor. Did they do that in this case? Absolutely
not. Why didn’t they? The hospital couldn’t answer my question when I asked them at pretrial
testimony. “Why? Why wasn’t this patient given a monitor?” “I don’t know it’s not my responsibility,
the nurse is supposed to call. The psychiatrist is supposed to call. Somebody is supposed
to get somebody to come in.” Everybody was pointing fingers at everybody else. No one
would take responsibility that not a single person did what they were supposed to do,
so that’s violation number one. Number two, now they left the patient sedated
on the hospital bed. They didn’t restrain her physically, they didn’t tie her to the
bed. That’s problem number two. When you know a patient is emotionally distraught and now
you sedate her, if she wants to get up and go to the bathroom don’t you think there’s
a greater fall risk? A greater risk of her falling out of bed? Of course there is. Why?
Because she now has an altered mental state. Now her level of consciousness has decreased
because of this injection that they gave her. That was violation number two, clearly says
it in the hospital policies. Now I showed these hospital policies to the
attorney who represented the hospital and do you think they put their hands up and said,
“Okay we give up let’s settle this case.” No they didn’t do that, instead they denied
these policies applied to this patient, and do you know when they finally accepted it?
When we were getting to trial. When we were given a date to appear to pick a jury. That’s
when they finally turned around and recognized, “Okay you know what? Maybe we do have some
culpability here.” Some? This patient didn’t do anything to fall off the bed on purpose.
Had you not put her in this position. Had you had a monitor there to watch her she never
would have fallen and fractured her shoulder. Why do I share this quick story with you?
I share it with you just to give you one example of a patient I was able to help obtain compensation.
Because a hospital and it’s staff violated the basic standards of medical care and they
broke their own protocol. I recognize that you’re watching this video because you likely
have questions or concerns about your own particular matter. Well if your matter did
happen here in New York and you’re thinking about bringing a lawsuit, but you have questions
that need to be answered first. What I invite you to do is pick up the phone and call me.
I can answer your legal questions. I answer questions like yours every single day and
I’d love to chat with you. You can reach me at 516-487-8207 or by email [email protected]
That’s it for today’s video, I’m Gerry Oginski, have a fantastic day.