If I contracted Hepatitis C from a hospital when I went in to have my gallbladder removed, can I sue for negligence?

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If I contracted Hepatitis C from a hospital when I went in to have my gallbladder removed, can I sue for negligence?

I contracted Hepatitis C when I was in the hospital to have my gallbladder removed (yes, it can be easily proven). On what other grounds could I bring suit against the hospital?

Asked on October 19, 2010 under Malpractice Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The issue is whether you can show *negligence* or medical care that fell short of the expected standard of care. If the hospital was not as clean as it should be, under generally accepted medical standards, or did not have as good hygene and/or anti-infection protocols, or gave you a bad transfusion because they didn't screen the blood, etc., you may be able to sue them and recover damages. If you "only" suffered bad luck--sometimes, even in the best run hospitals, patients contract diseases; no one is at fault, but it does happen--then there would be no negligence, no malpractice, and no liability--therefore no recovery. You should consult with a medical malpractice attorney who can evaluate all the circumstances of your case. Good luck.


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