Can I sue for stitches and a wound not bring cleaned properly?

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Can I sue for stitches and a wound not bring cleaned properly?

Can my boyfriend sue for getting sutures from a hospital that didn’t clean out the wound well, so after it was stitched up it got an infection. He had to go back to get it reopened because of not being cleaned out properly?

Asked on December 4, 2017 under Malpractice Law, Wisconsin

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 (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, it may be possible to settle the case with the hospital's malpractice insurance carrier.
When your boyfriend completes his medical treatment and is released by the doctor, he should obtain his medical bills, medical reports and if applicable, documentation of wage loss.  His claim filed with the hospital's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document his medical condition and treatment, 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 malpractice insurance carrier, NO lawsuit is filed.
If your boyfriend is dissatisfied with settlement offers from the malpractice insurance carrier, he should reject the settlement offers and file a lawsuit for negligence against the hospital.
If the case is NOT settled, your boyfriend's lawsuit for negligence against the hospital must be filed prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.


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