What are a patient’s rights if a hospitalforgot togive them their required medicine?

UPDATED: Apr 5, 2011

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What are a patient’s rights if a hospitalforgot togive them their required medicine?

My fiance is 36 weeks pregnant in the hospital with a UTI and a kidney infection. The nurses forgot for over 24 hours to give her the antibiotic. She now has to stay an additional 2 days in the hospital and has had additional pain and suffering because of this.

Asked on April 5, 2011 under Malpractice Law, California


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

Answered 11 years ago | Contributor

Your fiancee may have a claim for negligence against the hospital.  An employer (hospital) is liable for the negligence of its employees (nurses) which occurred during the course and scope of their employment.

Prior to filing a lawsuit, the claim should be filed with the hospital's insurance carrier.   The medical reports and medical bills should be obtained.  The medical reports will document the nature and extent of the injuries and will be used to determine the amount of compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills is straight reimbursement. The claim should include the medical bills, medical reports, and compensation for pain and suffering.  If your fiancee is dissatisfied with settlement offers from the hospital's insurance carrier, she can reject the settlement offers and file a lawsuit against the hospital for negligence.  If the case is not settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your fiancee will lose her 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 AttorneyPages.com 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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