An IV line is meant to deliver fluids and medication directly into a vein. Easy peasy.
Sometimes the needle slips. Fluid leaks into the tissue surrounding the needle. What was supposed to be a routine hospital procedure becomes excruciating pain, swelling, nerve damage or worse.
Here’s the truth:
The determining factor in an IV infiltration case is nearly always the same – Evidence. If you don’t have solid evidence, it doesn’t matter how legitimate your claim is.
Ok, now in this article we are going to discuss what evidence is important when dealing with an IV infiltration attorney.
Let’s dive in…
Here’s what’s inside:
- Why IV Infiltration Cases Need Solid Evidence
- The Top 5 Types Of Evidence Every Case Needs
- How To Preserve Evidence After An IV Injury
- When To Contact An IV Infiltration Lawyer
Why IV Infiltration Cases Need Solid Evidence
Hospital jobs for IVs are simple place them and watch the site.
However accidents occur. When they do occur they can cause patients to suffer from tissue damage, nerve damage, compartment syndrome and in worst case scenario amputation. Negligence can be hard to prove though.
Here’s why:
Hospitals are going to try to say IV infiltration is an “unavoidable complication” nearly every time. They are right sometimes. Infiltration isn’t always malpractice.
That’s where good evidence comes in.
To win an IV infiltration case, your lawyer needs to show:
- A medical provider had a duty of care to you
- That duty was breached
- The breach directly caused your injury
- You suffered real, measurable damages
Statistically speaking, it’s a big problem. According to a Johns Hopkins study, over 250,000 Americans lose their lives annually due to medical errors. Medical errors are the third leading cause of death in America.
In South Florida, if you suspect your injury was caused by medical negligence, contact a Florida IV infiltration lawyer as soon as possible. It’s always best to collect evidence while it’s fresh. They will investigate the circumstances, gather evidence, and determine if you have a legitimate IV infiltration malpractice claim.
The Top 5 Types Of Evidence Every Case Needs
Not all evidence is created equal.
Some evidence will make your case. Some evidence simply fills in the blanks. Here’s how we prioritize the most important evidence for your IV infiltration claim.
Complete Medical Records
This is the foundation of everything.
Your medical records are going to document exactly what happened — from when the IV was inserted to when the injury was discovered (or overlooked). That’s why your attorney will request all pages, including:
- Nursing notes and monitoring logs
- Doctor’s orders and progress notes
- Medication administration records
- IV site assessment documentation
- Discharge summaries
You really want to know timing with these records. How frequently was the IV site assessed? Did anyone note edema or erythema? When was the infiltration finally documented?
One study of 3,476 peripheral IV catheters actually found a 3.25% infiltration rate. Infiltration is common. But how the hospital responds is what separates an accident from negligence.
Photographs Of The Injury
This one is massive.
Photos can say a thousand words. If you have swelling, bruising/blistering/discoloration around an IV site take pictures. Take them daily to document how the injury develops.
Make sure your photos include:
- A clear shot of the IV site
- The surrounding skin and tissue
- Any discoloration or blistering
- A timestamp if possible
Good photos are undeniable evidence. Hospitals can’t refute pictures documenting obvious tissue damage.
Witness Statements
Were you alone when the IV was placed? Probably not.
Family/friends/people waiting in the room may have witnessed the events. Perhaps they heard a nurse hurrying through the insertion or witnessed staff disregarding your worries.
These sentences confirm your story. They can also include details you don’t remember.
Expert Medical Testimony
This is where cases are often won or lost.
A medical expert is a trained healthcare professional who can testify about how the standard of care should have been met and where your provider fell short. Without an expert witness, most IV infiltration claims won’t even be heard in court.
Your lawyer will work with experts who can speak to:
- Whether the IV was placed correctly
- Whether monitoring was adequate
- Whether the response to complications was timely
- What injuries resulted directly from the negligence
This is complex work and that is why you need an IV infiltration attorney who knows what he is doing.
Financial And Damages Evidence
You also need to prove how much the injury cost you.
Medical bills, pharmacy bills, lost income, future medical bills and how your injury affects your everyday life. Save every receipt and piece of paper associated with your injury.
Without financial evidence, it’s nearly impossible to calculate fair compensation.
How To Preserve Evidence After An IV Injury
Evidence can disappear fast. Memories fade. Medical records get “lost.”
Here’s what you need to do:
- Request your complete medical records as soon as possible
- Start a journal documenting your symptoms and pain levels
- Take photos of the injury every single day
- Save all bills and communications with the hospital
- Avoid signing anything from the hospital without legal advice
- Write down the names of every staff member who treated you
Do it now. The evidence fades as time goes on.
When To Contact An IV Infiltration Lawyer
Simple answer?
As soon as possible.
Every state sets time limits during which medical malpractice claims must be filed. These are known as statutes of limitations. If you file a lawsuit after the statute of limitations has expired, you will not be allowed to recover, no matter how strong your case may be. In addition, evidence can be harder to come by as time passes.
The earlier you involve an attorney, the greater your likelihood of obtaining fair damages.
Final Thoughts
IV infiltration injuries are awful. However, proof is what makes these awful cases shine.
To quickly recap:
- Gather complete medical records
- Take daily photos of the injury
- Collect witness statements
- Work with qualified medical experts
- Track every financial loss
- Contact a lawyer quickly
Proof. Medical malpractice cases revolve around it. Without it, you have no case. If you have a lot of it, you have a strong case. Don’t delay. Don’t think the hospital will do the right thing. Don’t go it alone.
Get help, gather proof, and protect your rights.
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