Can a lawsuit be brought up

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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

Answers:

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

Answered 4 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.


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