My son was born premature at 25 weeks and received a lot of blood transfusions during his stay in the NICU. Unfortunately, he received the wrong blood type of platelets and went into urinal failure.
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My son was born premature at 25 weeks and received a lot of blood transfusions during his stay in the NICU. Unfortunately, he received the wrong blood type of platelets and went into urinal failure.
Born at 25 weeks. Received a lot of
emergency blood transfusions but this
particular one was not an emergency. He
survived.
Asked on June 2, 2016 under Malpractice Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Medical malpractice is 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 a lawsuit against the hospital, it may be possible to settle the case with the hospital's insurance carrier. Your son's claim should include his medical bills and medical reports.
Compensation for the medical bills is straight reimbursment. The medical reports will document the nature and extent of his medical condition and will be 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 hospital's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the hospital on behalf of your son. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
If the case is NOT settled with the hospital's insurance carrier, the lawsuit for negligence against the hospital must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.
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