What to do if a hospital’s negligence caused me a physical injury?

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What to do if a hospital’s negligence caused me a physical injury?

I recently had hip replacement surgery and during my 4 day stay at the hospital my bandage and bed linen were never changed. After 2 days at home my wound busted open and infection just poured out. I went to the emergency room and they told me to make an appointment with my doctor. I saw him the following day and had to have emergency surgery to clean the MRSA staff infection out. I stayed in the hospital another 3 weeks. I am presently at home with an IV in so my husband can give me antibiotics. I have been doing this for the past 3 weeks, and it cost a $100 and my insurance won’t pay. Should i speak to a malpractice attorney? In Hardin County, KY.

Asked on June 25, 2011 under Malpractice Law, Kentucky

Answers:

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

Answered 9 years ago | Contributor

When you complete your medical treatment for the infection and are released by the doctor, obtain your medical bills and medical reports and documentation of any wage loss.  The medical reports will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills is straight reimbursement.  The medical bills should include the cost of your emergency surgery for the infection, three weeks in the hospital, the antibiotics and all other costs due to the infection not just the $100 you mentioned.  Compensation for wage loss is also straight reimbursement.

You will need to file your lawsuit for negligence against the hospital prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

Prior to filing a lawsuit, it may be possible to settle the case with the hospital's insurance carrier.  If you are dissatisfied with settlement offers, file your lawsuit.  If the case is settled, no lawsuit is filed.  If the statute of limitations is approaching and the case has not been settled, you will need to file your lawsuit because as mentioned above, if your lawsuit is not filed prior to the expiration of the applicable statute of limitations, you will lose your rights forever in the matter.

It would be advisable to speak with a medical malpractice attorney.


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