What are a patient’s rights if a hospitalforgot togive them their required medicine?

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What are a patient’s rights if a hospitalforgot togive them their required medicine?

My fiance is 36 weeks pregnant in the hospital with a UTI and a kidney infection. The nurses forgot for over 24 hours to give her the antibiotic. She now has to stay an additional 2 days in the hospital and has had additional pain and suffering because of this.

Asked on April 5, 2011 under Malpractice Law, California

Answers:

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

Answered 10 years ago | Contributor

Your fiancee may have a claim for negligence against the hospital.  An employer (hospital) is liable for the negligence of its employees (nurses) which occurred during the course and scope of their employment.

Prior to filing a lawsuit, the claim should be filed with the hospital's insurance carrier.   The medical reports and medical bills should be obtained.  The medical reports will document the nature and extent of the injuries and will be used to determine the amount of compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills is straight reimbursement. The claim should include the medical bills, medical reports, and compensation for pain and suffering.  If your fiancee is dissatisfied with settlement offers from the hospital's insurance carrier, she can reject the settlement offers and file a lawsuit against the hospital 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 fiancee will lose her rights forever in the matter. 


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