What can we do if my grandmother was the victim of malpractice?

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What can we do if my grandmother was the victim of malpractice?

My grandmother was admitted into the hospital due to high ammonia levels. While there, she was hooked up to an IV to get fluids to flush her system and bring her ammonia levels down so that she could be coherent and less lethargic. Her first night there, the machine administering potassium sulfate was turned off. She did not receive these necessary fluids until almost 24 hours after the machine went off. During her week long stay, the nurses did not assist her in getting out of bed, resulting in her needing to go into a nursing home for rehabilitation. Is there a negligence case at hand? My grandmother feels she needs to be compensated.

Asked on August 18, 2014 under Malpractice Law, Texas

Answers:

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

Answered 7 years ago | Contributor

Medical malpractice is negligence.

Prior to your grandmother filing a lawsuit against the hospital for negligence, it may be possible to settle the case with the hospital's insurance carrier.  Your grandmother's claim filed with the hospital's insurance carrier should include her medical bills and medical reports.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your grandmother's injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.

If the case is settled with the hospital's insurance carrier, NO lawsuit is filed.  If your grandmother is dissatisfied with settlement offers from the hospital's insurance carrier, she should reject the settlement offers and file a lawsuit for negligence against the hospital.

If the case is NOT settled with the hospital's insurance carrier, your grandmother's lawsuit for negligence against the hospital must be filed prior to the expiration of the applicable statute of limitations or your grandmother will lose her rights forever in the matter.


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