What to do if during my C section my baby was cut on her arm and I was told that the scar should disappear but it has not after 18 months?

I have a letter that was sent saying they admit to a third party injury.

Asked on June 25, 2014 under Malpractice Law, California

Answers:

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

Answered 6 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).

You have claims on behalf of your baby against both the doctor and the hospital.  Your claims filed with the doctor's malpractice insurance carrier and the insurance carrier for the hospital should include the medical bills and medical reports.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of the injury (scar) 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 both insurance carriers (hospital and doctor), NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit for negligence on behalf of your baby.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your baby.  If the case is settled with one of the parties (doctor or hospital), but not both, only name the party with whom the case has NOT settled as a defendant in your lawsuit for negligence on behalf of your baby.  If the case has settled with both parties, NO lawsuit is filed.  If the case has NOT settled with either party, name both hospital and doctor as defendants in the lawsuit for negligence.

If the case has NOT settled, the lawsuit for negligence on behalf of your baby must be filed prior to the expiration of the applicable statute of limitations or your baby will lose her/his rights forever in the matter.


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