Claim hospital

UPDATED: Sep 30, 2022

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Claim hospital

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.

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 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.

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