Am I able to file a lawsuit against a hospital for patient neglect?

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Am I able to file a lawsuit against a hospital for patient neglect?

While I was in labor with my son my heart rate
kept jumping up to over 200. It was noticed by
several nurses who kept saying that it was the
monitors reading wrong. Some even asked if I
was seeing a cardiologist for tachycardia. Four
days later I was hospitalized for congestive
heart failure due to fluid being on my lungs. My
entire pregnancy I was extremely swollen and
reported to my doctors that I could not walk
most of the time due to the severe pain and the
swelling that did not go down with all of the
suggestions they made. I feel as though all of
my concerns were disregarded and ultimately
neglected and led to this now very serious
situation with a newborn. Please help.

Asked on February 27, 2017 under Malpractice Law, Virginia

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, which is 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 that 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 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, reject them and file a lawsuit for negligence against the  hospital.
If the case is NOT settled, your lawsuit 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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