Can we sue a hospital that my wife got food poisoning while in for another illness?

My wife was in for pancreatitis an got food poisoning and had to remain in the ICU an

additional week before being transferred to another hospital for physical rehab. The hospital

sent us a letter some time after we finally got home from the weeks in rehab and admitted they

were the cause.

Asked on June 1, 2016 under Malpractice Law, Pennsylvania


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

Answered 4 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit against the hospital for negligence, it may be possible to settle the case with the hospital's insurance carrier.
After your wife completes her medical treatment for food poisoning and is released by the doctor, she should obtain her medical bills, medical reports and if applicable, documentation of wage loss.  Her 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 the nature and extent of her condition resulting from food poisoning 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 your wife is dissatisfied with settlement offers from the hospital's insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the hospital.
If the case is NOT settled with the hospital's insurance carrier, the lawsuit for negligence against the hospital must be filed prior to the expiration of the applicable statute of limitations or your wife will lose her rights forever in the matter.

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