If my grandmother is 93 and was sent home from the emergency with no discharge papers and a catheder still attached., do we have a case?

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If my grandmother is 93 and was sent home from the emergency with no discharge papers and a catheder still attached., do we have a case?

Damaged and in pain with vitals elevated.

Asked on March 16, 2012 under Malpractice Law, Maryland

Answers:

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

Answered 9 years ago | Contributor

Medical malpractice is negligence.  Your grandmother could sue the hospital for negligence for being released with the catheter still attached.  Negligence is the failure to exercise due care (that degree of care that other medical providers in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).  Your grandmother's medical bills and medical reports should be obtained.  Those items would be the basis of her claim. Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering.  Prior to filing a lawsuit for negligence against the hospital, it may be possible to settle the case with the hospital's insurance carrier.  If the case is settled with the hospital's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the hospital's insurance carrier, your grandmother's lawsuit for negligence against the hospital will need to be filed prior to the expiration of the applicable statute of limitations or she will lose her rights in the matter forever.

It would be advisable to obtain the opinion of another doctor who could write a report documenting the injuries your grandmother sustained due to being released with the catheter attached.


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