Do I have a basis for a claim?
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Do I have a basis for a claim?
I recently had an emergency hydracelectamy and the doctor ended up stitching my testicle to my scrotum. Can I sue for malpractice?
Asked on August 30, 2016 under Malpractice Law, Wyoming
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 medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier.
Your claim filed with the doctor's malpractice insurance carrier should include your medical bills, medical reports, and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document what occurred and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the doctor's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit against the doctor for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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