Medical malpractice is negligence. Negligence on the part of the hospital 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 a lawsuit against the hospital, it may be possible to settle the case with the hospital's insurance carrier. Your daughter's claim filed with the hospital's insurance carrier should include her medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of her 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 hospital's insurance carrier, NO lawsuit is filed. If your daughter is dissatisfied with settlement offers from the hospital's insurance carriers, she should reject the settlement offers and file a lawsuit for negligence against the hospital.
If the case is NOT settled, your daughter's lawsuit for negligence against the hospital must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.
Rate This Answer:
Not Yet Rated
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 go to AttorneyPages.com
and retain an attorney to represent you.