Do you have to pay hospital when they failed to help patient?

UPDATED: Oct 1, 2022

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Do you have to pay hospital when they failed to help patient?

My son went to local hospital with severe dental
pain, his face was swollen, could not swallow
and breathing difficulty, they gave him
antibiotics and sent him home. His condition
worsened and we took him to a clinic for sent us
immediately to Bronson Hospital. Both the clinic
dentist, Dr Kim and ER doctor at Bronson said
local hospital was to blame for a Failure of
Outpatient Treatment. Even though they did a
scan they determined their was ‘nothing to
drain’..the oral surgeon said there was a huge
amount that took several days to drain.

Asked on October 27, 2017 under Malpractice Law, Michigan


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

Answered 5 years ago | Contributor

Your son should not pay the hospital that committed malpractice.
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 for negligence, it may be possible to settle the case with the hospital's malpractice insurance carrier.
Your son should notify the hospital's malpractice insurance carrier in writing of his claim.
When your son completes his medical treatment and is released by the doctor, he should obtain his medical bills, medical reports (including the medical reports from the dentist, second hospital and surgeon) and if applicable, documentation of wage loss.
His claim filed with the first hospital's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document the medical treatment and are 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 first hospital's malpractice insurance carrier, NO lawsuit is filed.
If your son is dissatisfied with settlement offers from the first hospital's malpractice insurance carrier, he should reject the settlement offers and file a lawsuit for negligence against the first hospital.
If the case is NOT settled, your son's lawsuit against the first hospital must be filed prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.

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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