If you want the hospital to offer you a settlement, you should prepare your case like a personal injury lawyer prepares a case. You are correct in that they will not just take a patient's word that the surgeon screwed up. So, first, you would go to another doctor and get a medical report pointing out where mistakes were made by the surgeon. The report should also indicate the limitations you will have as a direct result of the surgery not being performed correctly, and whether you will have to undergo surgery a second time to correct the mistake of the first surgeon.
Then think about the pain and suffering you endured. Lastly, if you had any loss of earnings, include that in your consideration. Then put this all together in a letter, called a "Demand Letter", include a copy of the medical report and say something like,
"...Under the circumstances and in consideration of the future limitations placed upon me as a direct result of the errors made during my surgery, the amount of $ _________________ is more than reasonable compensation. I would prefer an amicable resolution to this matter in order to put all this behind me and concentrate on learning how to live with these unexpected limitations placed upon me. However, if you believe otherwise, I am fully prepared to have my Attorney file suit against the hospital as well as the surgeon. I hope this will not be necessary.......... "
By presenting your case this way, they will know that you have done your homework, have received a second opinion, you want to amicably settle the matter, but are fully prepared to move forward with an Attorney,
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