If my son was cut by a doctor during delivery, do I have a good case?

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If my son was cut by a doctor during delivery, do I have a good case?

I had to have an emergency C-section and the doctor sliced his face with a scalpel I’ve been told many times to sue him. I’m wondering how I go about this?

Asked on July 9, 2015 under Malpractice Law, Montana

Answers:

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

Answered 5 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care  (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier.

Your claim filed with the malpractice insurance carrier should include your son's medical bills and medical reports.  Compensaton for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your son's 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 malpractice insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit on behalf of your son for negligence against the doctor.  You will need to be appointed guardian ad litem to  file a lawsuit on behalf of your son because he is a minor.

If the case is NOT settled with the malpractice insurance carrier, the lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations  or your son will lose his rights forever in the matter.


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