If I was heavily sedated without permission can I file a lawsuit?
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If I was heavily sedated without permission can I file a lawsuit?
On 9-28-16 I was taken to the
hospital because of an accident
with my child. At the hospital
they informed me that he passed
away, I instantly tired to leave
the hospital but instead they
detained me, handcuffs me to the
bad and soon after heavily sedated
me. They did not have permission
to inject me with anything.
Asked on December 8, 2016 under Malpractice Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The problem for you is that there are *two* components to a malpractice claim. First is liability or fault; for purposes of this answer, let's assume that there is liability--that what they did was wrongful. Second, though, is damages--how you were injured. The law does not generally provide compensation "merely" for having your rights violated; rather, it provides compensation for the economic costs or losses, or the injuries/damage, you suffered. If you were sedated but did not suffer some long-lasting illness or damage from that, there is no point in suing: not only can you not receive compensation when there is no injury or damage, but a malpractice suit can be *very* expensive, since you MUST hire a medical expert to write a report and/or testify, and such experts typically cost thousands of dollars; hence, without some significant injuries, etc., you could pay for more for the lawsuit then you will get back.
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