Whar are my rights if I recently slipped and fell on urine ata hospital?

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Whar are my rights if I recently slipped and fell on urine ata hospital?

A nurse did not properly clamp my aunt’s catheter bag. I have severe scoliosis. Also, it was embarrassing and very disgusting. I am not pleased at all. I don’t know what measures to take or what I can do about the issues. I don’t know if I must have X-rays or if I have to be seen by a doctor if I want to pursue a lawsuit (if I even can pursue one).

Asked on December 2, 2011 under Personal Injury, Florida

Answers:

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

Answered 10 years ago | Contributor

If you reported the incident to the hospital when it occurred, the hospital has a record of it.  If you did not report the incident to the hospital, it may be difficult to prove that you slipped and fell there and not somewjhere else.

Assuming that you reported the incident to the hospital, your personal injury claim should be filed with the hospital's insurance carrier.  If the hospital is accepting liability which you should verify before incurring huge medical bills, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the hospital's insurance carrier will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss 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.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the hospital.  If the case is settled with the hospital's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the hospital's  insurance carrier, you will need to file your lawsuit for negligence against the hospital 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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