If after a knee repalcement the hospital called my father and told him that the instruments were not properly sterilized, what are his rights?

Asked 1/4/2012 under Medical Malpractice | 65 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Medical Malpractice Law Answers

If he's not injured in some way--didn't pick up an infection; hasn't had to pay for additional medical treatment; etc.--then he cannot sue. Even though the hospital would be at fault for not sterilizing, the law does not provide compensation for possible or potential injury--only for actual injuries or losses. Therefore, if he is not injured, he cannot bring a lawsuit. (He may file a complaint with the state's medical licensing board, if he likes.)

If your father was injured or made ill, he may potentially sue for compensation for  his suffering and costs; he should consult with a malpractice attorney to discuss the case.

Related Medical Malpractice Questions

Didn't find your answer? Ask.

AttorneyPages.com

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...