Can I sue my planned Parenthood

Can I sue planned Parenthood in California if I was diagnosed with syphilis and since I’m allergic to pennicillin they gave me pills and a month later the doctor tells me they made a mistake they were supposed to had gave me 2 treatment shots also so I still have the disease.

Asked on October 4, 2017 under Malpractice Law, California


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

Answered 3 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against Planned Parenthood, it may be possible to settle the case with its insurance carrier.
Obtain your medical bills, medical reports, and if applicable, documentation of wage loss.  Your claim filed with Planned Parenthood'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 Planned Parenthood's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from Planned Parenthood's insurance carrier, reject the settlement offers and file a lawsuit for negligence against Planned Parenthood.
If the case is NOT settled, your lawsuit 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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