If my pre-chemo sperm sample was destroyed when the hospital freezers failed, do I have recourse?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my pre-chemo sperm sample was destroyed when the hospital freezers failed, do I have recourse?
Asked on September 15, 2012 under Malpractice Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could sue the hospital for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing your lawsuit for negligence against the hospital, it may be possible to settle the caae with the hospital's insurance carrier. If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file your 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, you will need to file your lawsuit for negligence against the hospital prior to the expiration of the applicable statute of limitations or you will lose your 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.