If my sister was dropped after she had a C-section done and she has a lot of bruises on her back, can she sue the hospital?

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If my sister was dropped after she had a C-section done and she has a lot of bruises on her back, can she sue the hospital?

Asked on September 23, 2012 under Personal Injury, California

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 12 years ago | Contributor

 In your sister's case, technically the hospital would be liable for damage she suffered as a result of the hospital's employee's failure to properly transport and secure your sister.  However, one of the elements of a personal injury or medical malpractice claim is physical damage which required medical care.  If your sister's only injury is some bruises, it does not appear that she has significant enough damage to pursue any type of claim against the hospital.  In large part, personal injury and medical malpractice claims are based on the amount of medical bills involved.  In this instance, it sounds as if your sister had no additional bills and required no medical care as a result of this incident.  As such, she does not have much of a claim to pursue. 


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