What are my rights if an ER released me prematurely?
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What are my rights if an ER released me prematurely?
I was hospitalized after having a very bad seizure and the staff treated me very badly while in their care. I told them a medication that I took and had recently ran out of because it is a fact that the withdrawal from that medication can cause seizures but the doctor at the ER wouldn’t listen to me and was very cold and not long after released me. I was walking out of the hospital and outside of the hospital I had another seizure and I had to be admitted again. I don’t feel that I was given the medical attention that was needed and me and everyone I tell this to thinks I released without being treated properly. How do I proceed?
Asked on November 23, 2015 under Malpractice Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The hospital is liable for the negligence of its employees which occurred during the course and scope of their employment.
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).
If the statute of limitations is rapidly approaching, file a lawsuit for negligence against the hospital. If there is significant time before the statute of limitations expires, then prior to filing a lawsuit against the hospital, it may be possible to settle the case with the hospital's insurance carrier. Your claim filed with the hospital's insurance carrier should include your medical bills, medical reports and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury/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 the hospital's insurance carrier, NO lawsuit is filed.
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.
If the case is NOT settled with the hospital's insurance carrier, your lawsuit for negligence against the hospital must be filed prior to the expiration of the applicable statute of limitatons or you will lose your rights forever in the matter.
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