hat are our rights if my wife was misdiagnosed by a registered practitioning nurse?

UPDATED: Jan 14, 2014

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hat are our rights if my wife was misdiagnosed by a registered practitioning nurse?

She was told that there is no ear infection and that because of here smoking she may be suffering from that or either from seasonal allergies. However, when she arrived home, a discharge came out of her ear mixed with blood. She then went to the ER; and she was told that she has an ear infection and she was prescribed medication appropriate for her needs. Is there any recourse for her to get her money back and also to take action against the company or corporation to insure they take more proper care to examine their patients?

Asked on January 14, 2014 under Malpractice Law, Washington


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

Answered 9 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

If the nurse practitioner is employed by the company or corporation you mentioned, then the company or corporation is liable for the negligence of its employee which occurred during the course and scope of employment.

It would be advisable to contact the company's insurance carrier.  Your wife's claim filed with the company's insurance carrier should include her medical bills, medical report from the ER and if applicable documentation of any wage loss.

Compensation for the medical bills is straight reimbursement.  The medical report will document the nature and extent of your wife's condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the insurance carrier of the company employing the nurse practitioner, NO lawsuit is filed.  If your wife is dissatisfied with settlement offers from the insurance carrier, she should reject the settlement offers and file a lawsuit for negligence naming both the company and nurse practitioner as defendants.

If the case is NOT settled with the company's insurance carrier,  your wife's lawsuit for negligence against the company and nurse practitioner must be filed prior to the expiration of the applicable statute of limitations or your wife 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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