What can I do if my mother died due to a hospital’s negligence?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if my mother died due to a hospital’s negligence?

My 82 year old broke her leg 5 months ago. The doctor put a removable cast on it but my mother developed a sore on her lower leg due to the cast rubbing on her leg. She told them of the pain, however the hospital staff never took off the cast to clean her leg or even look at the pain she was suffering. Thus an absess developed and she lost her muscle in her leg, The wound went all the way to the bone. She was unable to leave the hosipital due to this and developed other medical complications that resulted in her death this past week. What could I possibly expect as a settlement (if I am awarded one)?

Asked on August 6, 2014 under Malpractice Law, Pennsylvania

Answers:

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

Answered 9 years ago | Contributor

Sorry to hear about your mother.

 

It is not possible to determine the amount of your settlement because it will depend on the medical bills and pain and suffering your mother experienced up to the time of death.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills and is determined by the information in the medical reports.

Prior to filing a lawsuit against the hospital for negligence (wrongful death), 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 you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file a lawsuit for negligence (wrongful death) against the hospital.  If the case is NOT settled with the hospital's insurance carrier, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption