What can be done about an incompetent hospital worker who caused me pain?

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What can be done about an incompetent hospital worker who caused me pain?

I recently had surgery on my Achilles. When the nerve block wore off I was in extreme no matter how much pain medication I took. My cast on my leg (placed there by the hospital employee) felt extremely tight. At first I thought it was normal but really began to think it was the cause of my pain. I called my doctor’s office the next morning and scheduled a visit with the office caster there. They removed the cast and I had instant relief; it was not wrapped properly. The castor at my doctor’s office then told me that they have received numerous complaints and the hospital castor had no formal training. The doctor’s complaints to the hospital was met with deaf ears.

Asked on March 20, 2015 under Malpractice Law, North Carolina

Answers:

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

Answered 6 years ago | Contributor

The hospital could be sued for negligence because an employer is liable for the negligence of its employee which occurs within the course and scope of employment.

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).  The hospital's negligence would be negligent hiring and negligent supervision of its employee.

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 and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.

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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