Suing Plasma Donation
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Suing Plasma Donation
I used a plasma donation center for the first time. Passed their physicals, etc. and 3/4 of the way through the plasma process, I passed out multiple times. They were unable to return my blood which is the standard process so I lost a significant amount of blood and they also were unable to successfully give me an IV of fluids to compensate. The IV was unsuccessful because they said the company had recently switched to a smaller gauge butterfly needle which was not large enough to let the saline flow fast enough, leading to a tech squeezing the IV bag for several minutes, to keep the fluids moving, which they eventually gave up on as well. I was sent home and ended up fainting again on the car ride home thankfully my husband was driving and slept for almost the next 24 hours. Still, 3 days later, I am very weak and the smallest tasks wipe out all of my energy. I also have significant bruising on both arms from their attempts to re-position needles in each arm.
Asked on July 11, 2019 under Malpractice Law, Arizona
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
It is advisable to get medical treatment to document your injury.
Prior to filing a lawsuit for negligence against the plasma donation center, it may be possible to settle the case with its insurance carrier.
After you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the plasma donation center's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury 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 plasma donation center's insurance carrier, no lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and sue the plasma donation center for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable plasma donation facility would have exercised under the same or similar circumstances to prevent foreseeable harm).
If the case is not settled, 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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