Wrong site surgery

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Wrong site surgery

I have a case of a wrong site Oral
Surgery. Is there a way to file a claim
with the providers malpractice
insurance without filing an official
lawsuit? If so how is this process
initiated?

Asked on January 5, 2017 under Malpractice Law, Minnesota

Answers:

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

Answered 4 years ago | Contributor

Notify the malpractice insurance carrier in writing that you will be filing a malpractice claim.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and if applicable, documentation of wage loss.  Your malpractice claim should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the surgery and will be 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 malpractice insurance carrier, NO lawsuit is filed.
 


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