Is a hospital responsible for weight gain on a congestive heart failure patient?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a hospital responsible for weight gain on a congestive heart failure patient?
Llast year, my grandfather was admitted to a hospital for a three pound weight gain by his home health nurse, he had congestive heart failure and needed to watch his fluids, the hospital kept him for four days and sent him home where we discovered he had gained twenty pounds and was constantly short of breath, afterward he was sent to a different hospital that managed to get the water off and help him.
Asked on April 16, 2012 under Malpractice Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is possible, but far from certain, that the hospital would be liable or responsible. For that to be the case, it would have to be shown 1) that the weight gain was due to something the hospital did or failed to do (and, for example, not because your grandfather was snacking when he should not have); and 2) that it would be considered malpractice to have not controlled his weight while in the hospital, which is to say that it would be against then-standard or commonly accepted medical care standards to have not controlled your grandfather's weight.
Furthermore, even if it were malpractice, it is likely that he could only recover his out-of-pocket, or unreimburse additional medical costs (e.g the cost of the second hospital, to the degree he paid out of pocket) and possibly a small amount for the "pain and suffering" of constantly being short of breath for however long he was; but at the same time, malpractice cases tend to be expensive, since you need medical experts on your side (and they charge a great deal for consultations and testimony). Therefore, even if this were malpractice, your grandfather might not be able to recover enough money to make a lawsuit worthwhile.
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 AttorneyPages.com 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.