Wrong order by medical equipment provider

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Wrong order by medical equipment provider

Doctor wrote a prescription for certain medical equipment which was supposed to be set at some particular oxygen level. Medical equipment provider put the wrong oxygen level in the order. Their technician who delivered the equipment set it as per the order which had the oxygen level 10 times of what the prescription said. Patientinfant started getting fussy, uneasy, straining and then we realized that the oxygen intake was way too much. We called the equipment provider and they came and corrected the oxygen level but what about the damage which was done in one week.

Asked on August 3, 2017 under Malpractice Law, Illinois

Answers:

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

Answered 3 years ago | Contributor

This is not medical malpractice, but would be negligence on the part of the medical equipment provider.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical equipment provider would have exercised under the same or similar circumstances to prevent foreseeable harm).
If your baby was injured due to the wrong oxygen level and you can document the injury with medical treatment, you have a claim against the medical equipment provider. 
If your baby was not injured, you don't have a case.
If your baby was injured, prior to filing a lawsuit for negligence against the equipment provider, it may be possible to settle the case with their insurance company.  Your claim should include the medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports document the injury and are 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 insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers, reject them and file a lawsuit for negligence against the medical equipment company.
Based on what you described, it does not sound like the baby was injured.  As previously discussed, there would not be a case without documentation of injury (medical treatment).


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