Can I sue

UPDATED: Sep 30, 2022

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Can I sue

I just had a baby and I had an epidural. Because of
the epidural I couldn’t urinate on my own it was
excruciating pain so the nurses in the hospital had to
put a catheter on me to let go of all the urine my
body was retaining. There was a nurse who didn’t
kno how to put in the catheter so she tried 4 times to
put it in it was very painful and someone else had to
come in and successfully put it in. Anyways I stayed
at the hospital for 2 days and the doctor sent me
home with the catheter I was at home with the
catheter for two more days my doctor told me that
they never should have sent me home with it on.
Even people in the hospital told me that if I was
retaining urine that they should have kept me at the
hospital. I’ve had pain in my urethra where the
catheter was inserted and because of this I would
like to kno if I have a case to sue the hospital.

Asked on July 26, 2016 under Malpractice Law, New Jersey


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

Answered 6 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).
In order to have a case for malpractice, you will have to document medical treatment for the pain in your urethra.  Without medical treatment, you don't have a case.
Prior to filing a lawsuit against the hospital and doctor, (assuming you can document medical treatment for the injury to your urethra), it may be possible to settle the case with the insurance carriers for the hospital and doctor.
 Your claim filed with those insurance carriers 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 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 doctor and hospital.
If the case was settled with one but not both parties (doctor and hospital), only name the party with whom the case was not settled as a defendant in your lawsuit for negligence.
If the case is NOT settled, your lawsuit for negligence 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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