What are my rights if I got an infection iny arm from a medical facility where I got my blood drawn?

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What are my rights if I got an infection iny arm from a medical facility where I got my blood drawn?

I have to have it drawn every week due to blood clots.

Asked on October 24, 2015 under Malpractice Law, Pennsylvania

Answers:

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

Answered 5 years ago | Contributor

Medical malpractice is negligence.
Prior to filing a lawsuit for negligence against the medical facility, it may be possible to settle the case with the medical facility's insurance carrier.
Your claim filed with the medical facility's insurance carrier should include your medical bills, medical reports, and if applicable, documenttion of wage loss caused by the infection.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the cause of the infection and will be 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 medical facility's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file a lawsuit for negligence against the medical facility.
If the case is NOT settled with the medical facility's insurance carrier, your lawsuit for negligence against the medical facility 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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