Can I sue if my mother went to the ER about 9 months ago and they sent her home with a urinary tract infection but she passed that night due to septis?

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Can I sue if my mother went to the ER about 9 months ago and they sent her home with a urinary tract infection but she passed that night due to septis?

Asked on August 17, 2018 under Malpractice Law, Colorado

Answers:

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

Answered 3 years ago | Contributor

Sorry to hear about your mother.
Medical malpractice is negligence.  Negligence is the failure to exercise due care which is that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm.
Wrongful death is negligence resulting in death.
Prior to filing a wrongful death lawsuit against the hospital, it may be possible to settle the case with the hospital's insurance carrier.
If the case is settled with the hospital's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file a lawsuit for wrongful death.
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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