What can be done if my 30 year old daughter went to the ER with a headache and fever but they removed her gallbladder?

Now she has bile diarrhea and wants to know if she has a case against the hospital? The gallbladder was fine but she had Hep A and will now suffer with chronic diarrhea for the rest of her life?

Asked on February 12, 2016 under Malpractice Law, Arizona

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 hospital, it may be possible to settle the case with the hospital's insurance carrier.  Your daughter's claim filed with the hospital's insurance carrier should include her medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of her 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 your daughter is dissatisfied with settlement offers from the hospital's insurance carriers, she should reject the settlement offers and file a lawsuit for negligence against the hospital.
If the case is NOT settled, your daughter's lawsuit for negligence against the hospital must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


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