Can a hospital/clinic be held responsible for a patient getting pneumonia?

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Can a hospital/clinic be held responsible for a patient getting pneumonia?

My husband had foot surgery on the 3rd. They did

Asked on July 10, 2019 under Malpractice Law, Georgia

Answers:

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

Answered 1 year ago | Contributor

Medical malpractice is negligence. The hospital/clinic is liable.
Prior to filing a lawsuit for negligence against the hospital/clinic, it may be possible to settle the case with its malpractice insurance carrier. Your husband should obtain his medical bills, medical reports, and documentation of wage loss. His claim filed with the malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document treatment and are 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 malpractice insurance carrier, no lawsuit is filed. 
If your husband is dissatisfied with the settlement offers, he should reject them and sue the hospital/clinic for negligence.
If the case is not settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your husband will lose his rights forever in the matter.


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