If the doctor operated on my wife’s back 3 times but chipped a nerve and now she is no better and lost her job, what should she do?
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If the doctor operated on my wife’s back 3 times but chipped a nerve and now she is no better and lost her job, what should she do?
Also, she has no insurance.
Asked on July 8, 2015 under Malpractice Law, South Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 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 against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier.
Your wife should obtain her medical bills and medical reports. If she lost her job as a result of the chipped nerve or had documented wage loss due to the chipped nerve, documentation should be obtained from her former employer. The claim filed with the doctor's malpractice insurance carrier should include these items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her condition 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 malpractice insurance carrier, NO lawsuit is filed.
If your wife is dissatisfied with settlement offers from the malpractice insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the doctor.
If the case is NOT settled with the malpractice insurance carrier, your wife must file a lawsuit for negligence against the doctor prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.
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