What to do if I had tubes put in my ears about 4 or 5 times when I was younger and lost hearing a year or so after the surgeries?

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What to do if I had tubes put in my ears about 4 or 5 times when I was younger and lost hearing a year or so after the surgeries?

I had good hearing up and until then. I lost it in my right ear and then eventually my left ear; now today I wear hearing aids because of it. Could I sue the hospital for my loss? I lost my hearing without a reason; if I’m able to prove it was because of it is it possible that I could sue?

Asked on July 1, 2013 under Malpractice Law, Pennsylvania


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

Answered 10 years ago | Contributor

If the statute of limitations has not expired, you can sue the hospital and doctor for negligence.  Medical malpractice is negligence.

Pennsylvania has a two year statute of limitations in a medical malpractice case.  The two years is two years from the date of injury; however, since you didn't discover the hearing loss until a year after the medical procedure,  the statute of limitations would be two years from the date you discovered the hearing loss.

If the statute of limitations has expired, you won't be able to file your lawsuit.  If the statute of limitations has NOT expired, you can file your lawsuit for negligence against the hospital and doctor.

Prior to filing your lawsuit, it may be possible to settle the case with the insurance carriers for the hospital and doctor.  Your claims filed with those insurance carriers should include your medical bills, medical reports and if applicable documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document your hearing loss 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 both insurance carriers (hospital and doctor), NO lawsuit is filed.   If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit for negligence. If the case is settled with one of these parties (hospital or doctor) but not both, only name the party with whom the case has not settled as a defendant in your lawsuit for negligence.  If the case has NOT settled with both the doctor and hospital, name both as defendants in your lawsuit.

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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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