What can I do if my mother died due to a hospital’s negligence?

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What can I do if my mother died due to a hospital’s negligence?

My 82 year old broke her leg 5 months ago. The doctor put a removable cast on it but my mother developed a sore on her lower leg due to the cast rubbing on her leg. She told them of the pain, however the hospital staff never took off the cast to clean her leg or even look at the pain she was suffering. Thus an absess developed and she lost her muscle in her leg, The wound went all the way to the bone. She was unable to leave the hosipital due to this and developed other medical complications that resulted in her death this past week. What could I possibly expect as a settlement (if I am awarded one)?

Asked on August 6, 2014 under Malpractice Law, Pennsylvania

Answers:

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

Answered 6 years ago | Contributor

Sorry to hear about your mother.

 

It is not possible to determine the amount of your settlement because it will depend on the medical bills and pain and suffering your mother experienced up to the time of death.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills and is determined by the information in the medical reports.

Prior to filing a lawsuit against the hospital for negligence (wrongful death), it may be possible to settle the case with the hospital's insurance carrier.  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 (wrongful death) against the hospital.  If the case is NOT settled with the hospital's insurance carrier, your lawsuit 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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