Do I have a malpractice lawsuit if the hospital we took my 6 month old grandson to said nothing was wrong with him but in fact he was gravely ill? and

They even did a chest X-ray but said nothing was wrong and sent him home. However, a few hours later he was rushed to another hospital and he has pnemonia, RSV, croup and human menanoma virus. He almost died and was put into a medically induced coma.

Asked on February 15, 2016 under Malpractice Law, Ohio

Answers:

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

Answered 4 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 first hospital, it may be possible to settle the case with their insurance company.  Your grandson's claim filed with the hospital's insurance company should include his medical bills and medical reports; expecially the medical reports from the second hospital.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of his medical condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with the hospital's insurance carrier, NO lawsuit is filed.  If the child's parents are not involved with caring for the child and you are the child's guardian, 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 on behalf of your grandson.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of a minor.
If the case is NOT settled with the hospital's insurance carrier, your lawsuit for negligence on behalf of your grandson must be filed prior to the expiration of the applicable statute of limitations or your grandson will lose his rights forever in the matter.


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