Can a lawsuit be brought up

UPDATED: Sep 30, 2022

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Can a lawsuit be brought up

Air got into my blood stream at dialysis causing me to black out. I was rushed

to the hospital for 6 days. This could’ve been fatal. The nurses at dialysis often forget gloves and masks as well.

Asked on February 17, 2017 under Malpractice Law, New York


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

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence  is the failure to exercise due care (that degree of care that a reasonable dialysis center would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence, it may be possible to settle the case with the malpractice insurance carrier for the dialysis center.  When you complete your treatment and are released by the hospital or are declared by the hospital to be permanent and stationary which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Those items should be included in your claim filed with the malpractice insurance carrier for the dialysis center.
Compensation for the medical bills is straight reimbursement. The medical reports will document the medical incident 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 insurance carrier for the dialysis center, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject the settlement offers and file a lawsuit for negligence against the dialysis center.
If the case is NOT settled, your lawsuit for negligence against the dialysis center and the nurse 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 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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