What to do if, at 6 hours old my, son was placed in a bassinet but 2 wheels somehow came off and he fell onto the floor?

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What to do if, at 6 hours old my, son was placed in a bassinet but 2 wheels somehow came off and he fell onto the floor?

No accident report was written by the hospital after I was told there would be and a CAT scan wasn’t taken until 4 hours later. He wasn’t injured but I feel as if the hospital should have done more.

Asked on November 25, 2012 under Malpractice Law, Texas

Answers:

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

Answered 8 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that in this case a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).

The problem here with suing the hospital for negligence and the manufacturer of the bassinet for a defective product is that you won't recover any significant monetary compensation because your son was not injured.  If your son had been injured, you would have a strong case against the hospital and the manufacturer of the bassinet.

However, with regard to the hospital, you could seek compensation for the cost of the CT scan since it was performed as the result of negligence on the part of the hospital.  Your compensation would be straight reimbursement for that medical bill.  You may be able to resolve that issue with the hospital's insurance carrier.  If it is settled with the hospital's insurance carrier, NO lawsuit is filed.


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