What are my rights if I recently had surgery and there was an admitted mistake made in regards to too much oxygen in my IV?

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What are my rights if I recently had surgery and there was an admitted mistake made in regards to too much oxygen in my IV?

This happened twice at the same hospital. I spent several more days than expected in the hospital due to this error. There were more issues but the IV error is the main one. Just wondering if I have any sort of case or if this is a common error and not worth looking into.

Asked on November 9, 2015 under Malpractice Law, Pennsylvania

Answers:

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

Answered 5 years ago | Contributor

The hospital is liable for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit against the hospital, it may be possible to settle the case with the hospital's insurance carrier.  Your claim filed with the hospital's insurance carrier 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 tha nature and extent of your medical condition 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 hospital's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the hospital.
If the case is NOT settled with the hospital's insurance carrier, your lawsuit for negligence 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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