What are my rights if when I gave birth to my son the nurse pulled my leg back way to far and my disc was herniated?

I couldn’t walk good for 2 weeks after and since then I have had low back problems. Just had an MRI and it show that have a herniated disk which I’m sure came from having my leg pulled out of place. That was 11 months ago. Would I, and should I, be able to do anything about it?

Asked on November 5, 2015 under Malpractice Law, Pennsylvania

Answers:

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

Answered 5 years ago | Contributor

You have a claim against the hospital.  The hospital is liable for the negligence of its employee (the nurse) which occurred during the course and scope of the nurse's 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).
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 documentation of wage loss.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury 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 limitations or you will lose your rights forever in the matter.


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