Can I sue a plasma donation center for causing nerve damage to my arm?

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Can I sue a plasma donation center for causing nerve damage to my arm?

I went to the plasma center and did my usual checkup everything was fine so I headed to the back. The nurses were all rushing around to get people in and out because it was almost closing time. So I got seated waiting to be hooked up to the machine. When the nurse stuck the needle in automatically knew something wasnt right felt like electric shocks I told her it hurt but she proceeded to turn on the machine at which a part of my arm started to swell up like a balloon. She stopped the machine and the look on her face read somethings wrong. So she calls another nurse over to figure out what was going on. I’m asking what’s going on because at this point I’m scared and my arm is seriously hurting. I never got the chance to donate any plasma and if you dont donate you don’t get compensated but I was compensated anyway. Which is weird and leads me to believe they knew they messed up. I got home and was in an excruciating amount of pain I couldn’t move my arm, twist it, stretch it out, nothing. So much pain that I had to go to the E.R. and it was then confirmed to be nerve damage, Due to their negligence I’m not able to work right now. Can I file a lawsuit against them?

Asked on May 30, 2018 under Malpractice Law, South Carolina

Answers:

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

Answered 3 years ago | Contributor

Prior to filing a lawsuit for negligence against the plasma center, it may be possible to settle the case with their insurance carrier.  Obtain their insurance carrier information and notify the insurance carrier in writing of your claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your claim filed with the plasma center's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are 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 plasma center's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the plasma center's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the plasma center.
If the case is NOT settled, your lawsuit 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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