Sue the doctor for giving me bad blood from a blood transfusion

I lost my eye sight on the right eye from a infection from the blood transfusion, I carry an infection in my blood because of it

Asked on March 16, 2017 under Malpractice Law, Indiana

Answers:

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

Answered 3 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).
Prior to filing a lawsuit for negligence against your doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document your vision loss and the infection from the blood, 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 doctor's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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