If my pre-chemo sperm sample was destroyed when the hospital freezers failed, do I have recourse?
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If my pre-chemo sperm sample was destroyed when the hospital freezers failed, do I have recourse?
Asked on September 15, 2012 under Malpractice Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You could sue the hospital for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing your lawsuit for negligence against the hospital, it may be possible to settle the caae with the hospital's insurance carrier. If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the hospital. 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, you will need to file your lawsuit for negligence against the hospital prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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