Can i sue a hospital for me getting mrsa?

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Can i sue a hospital for me getting mrsa?

Sorry so long. I had my second child Aug
22cnd first time vie c section. Bout two days
after Aug 24 I developed blisters down
there. Looked like bee sting everywhere. Well
it got so swollen part of my incesion ripped.
My husband and doctor packed it until the
26th. The 26th the put a vacuum on there to
suck infection out, I had mrsa. Nov 1rst the
took the vacuum off. They said no more
infection well this morning my padding my
husband packs me with is covered in green
discharge and smell horrible like rotting
animals dead and blisters are back. Can I
sue the hospital for me getting mrsa?

Asked on November 7, 2016 under Malpractice Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Medical malpractice is negligence.  
Prior to filing a lawsuit against the hospital for negligence, it may be possible to settle the case with the hospital's insurance carrier.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your claim filed with the hospital's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document your medical condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the hospital's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the hospital.
If the case is NOT settled, your lawsuit against the hospital for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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