Do I have a case against a hospital for being able to feel extreme pain during a C-section after I told them I could feel them cutting into me?

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Do I have a case against a hospital for being able to feel extreme pain during a C-section after I told them I could feel them cutting into me?

I have been diagnoised with post traumatic stress syndrome due to this experiance and also have post partum depression.

Asked on January 6, 2012 under Malpractice Law, Indiana

Answers:

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

Answered 9 years ago | Contributor

Medical malpractice is negligence.  You have a potential claim of negligence against the hospital, surgeon and anesthesiologist.  Negligence is the failure to exercise due care (that degree of care in this case that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).  The standard of care in determining negligence of a doctor is that degree of care that a doctor in the community 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 insurance companies for the hospital, surgeon, and anesthesiologist.  Your claims filed with the insurance companies should include your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Your compensation should include an estimated cost of future treatment for post traumatic stress disorder and post partum depression if additional future treatment is anticipated.

If the case is settled with the insurance carriers for all parties (hospital, surgeon, anesthesiologist), NO lawsuit is filed.  If the case is not settled with any of the parties, all would be named as defendants in your lawsuit for negligence.  If the case is settled with some, but not all of the parties, only the parties with whom you haven't settled are named as defendants in your lawsuit for negligence.

If you are dissatisfied with settlement offers from the insurance company/ companies, reject the settlement offers and file your lawsuit for negligence.  If the case is NOT settled with the insurance companies for all parties, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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