Can we sue the hospital?

My mother recently got surgery for her gallbladder to be removed. We were given to prescription drugs, a painkiller and a constipation relief pill. My mother was having severe pains in her incisions throughout the 4 days after the surgery, so we took her back to the hospital today. We found out she had an infection on 1 of her incisions. A gland popped whilst we were at the hospital and oozed puss. We were never given an antibiotic medicine or any warning that this may happen. Can we sue the hospital for unclean tools or negeltence?

Asked on April 26, 2017 under Personal Injury, Ohio


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

Answered 3 years ago | Contributor

Medical malpractice is negligence.  Negligence on the part of the hospital 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 malpractice insurance carrier.
When  your mother completes her medical treatment for the infection and is released by the doctor, obtain her medical bills, medical reports and documentation of wage loss. Her claim filed with the hospital's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the infection 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 malpractice insurance carrier, NO lawsuit is filed.
If your mother 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, your mother's lawsuit against the hospital must be filed prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.

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