What are my mother’s rights if was told this afternoon by her doctor that while in the hospital a contaminated needle from another patient was used on her?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my mother’s rights if was told this afternoon by her doctor that while in the hospital a contaminated needle from another patient was used on her?
My mom has been in hospital for almost 2 months now. Very sick and her immune system is down. What are her rights after she had a contaminated needle used on her from another patient and the doctor told her this with my husband and I in the room?
Asked on January 10, 2012 under Malpractice Law, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care in this case that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your mother could sue the hospital for negligence for using the contaminated needle. Prior to filing a lawsuit, it may be possible to settle the case with the hospital's insurance carrier. Your mother's personal injury claim filed with the hospital's insurance carrier should include her medical bills (resulting from the contaminated needle), medical reports and if applicable documentation of any wage loss. The claim should be filed wihen your mother is either released by the doctor upon completion of treatment or is declared by the doctor to be permanent and stationary which means having reached a point where no further improvement is anticipated. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of the injury 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 your mother is dissatisfied with settlement offers from the hospital's insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the hospital. If the case is settled with the hospital's insurance carrier, NO lawsuit is filed. If the case is NOT settled with the hospital's insurance carrier, your mother will need to file her lawsuit for negligence prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.