What to do about an unsanitary condition in the hospital that I delivered my child at?

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What to do about an unsanitary condition in the hospital that I delivered my child at?

I checked into a new hospital for the delivery of my child and after they hooked me up to the monitors I realized my bed had blood in it from the previous delivery. I told the nurse and she had a cleaning lady come wipe the bed off. I was then in full labor so they did not change my bed left me in it. When I received my bill after insurance paid it I called to see what they were willing to do because of my bad experience. After a couple of times talking they agreed to waive my balanced owed but want me to go in and sign a waiver. Should I sign this or get an attorney and do I even have a case?

Asked on September 6, 2011 under Malpractice Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Where you or your child injured, sickened, etc. as a result of the unsanitary conditions? Hopefully you were not...and if you were not, there is nothing to sue for, since even if the conditions represent negligence or malpractice (which they well may), the law only compensates for actual injuries or losses. No injury or loss, nothing to sue for and nothing you could recover. Under those circumstances, being offered to have the remaining balance (presumably a few hudred dollars) waived is significant, since it's more than you could get by suing; while you want to read the release carefully and make sure you're comfortable with it, you should definitely think seriously about taking the offer. On the other hand, if you or your child did become ill, then you may have a malpractice case. Good luck.


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