Can a private hospital discharge a child badly burned with instructions to return 2 days later to another hospital?
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Can a private hospital discharge a child badly burned with instructions to return 2 days later to another hospital?
My daughter was badly burned by scalding liquid. She was 3 years old. Burns covered her chest, abdomen and arm. She was taken to an ER in private hospital, treated with instructions to return 2
days later to her primary care physician at another hospital. He said she was not supposed to be released and should be in trauma center. Her bandages adhered to her body and scar tissue formed. He sent me to public hospital where she was admitted to ICU for a week. The scar tissue had to be scrubbed away to prevent disfigurement and loss of mobility. Other precautions taken to stave off dehydration and infection.
Asked on January 14, 2017 under Malpractice Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Medical malpractice is negligence.
Negligence on the part of the hospital 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).
Negligence on the part of the doctor 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 the hospital and doctor, it may be possible to settle the case with their malpractice insurance carriers.
When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills and medical reports. Her claim filed with the insurance carriers for the hospital and doctor should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with the malpractice insurance carriers for the hospital and doctor, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit for negligence against the hospital and doctor. If the case has settled with the doctor or hospital, but not both, only name the party with whom the case has not settled as a defendant in the lawsuit for negligence.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is NOT settled, the lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.
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