UPDATED: Sep 30, 2022
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I delivered a baby in feb. after the delivery, the
nurse come check on me and the baby. One of
the nurse used a thermometer on the baby’s
forehead. She left a scratch mark At that time
because the c section and the pain. I didn’t find
out until the night when I have visitors coming.
Since I didn’t confront the nurse when she did
it. And I thought baby will recover by herself
soon. Few days ago baby was at 3months
regular check up. I pointed out to the
pediatrician. He told me that would leave a
scar. I want to know if we can claim the
Asked on May 2, 2017 under Malpractice Law, California
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 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 for negligence against the hospital, it may be possible to settle the case with the hospital's insurance carrier. Your baby's claim filed with the hospital's insurance carrier should include the medical bills and medical reports.
Compensation for the medical bills is straight reimbursement. The medical reports will document the injury 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 them and file a lawsuit for negligence against the hospital. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your baby.
If the case is NOT settled, your lawsuit for negligence against the hospital must be filed prior to the expiration of the applicable statute of limitations or your baby will lose his/her rights in the matter forever.
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