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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11658
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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What are my chances of getting a settlement from a hospital

Resolved Question:

What are my chances of getting a settlement from a hospital ombudsman for a "failed surgery" at that hospital in Washington State? I would prefer not to get into a long involved litigation and would be willing to settle for a set amount and be done with it.
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, my name is XXXXX XXXXX I will be assisting you.

 

 

You have a very good chance of receiving a settlement Hi, my name is XXXXX XXXXX I will be assisting you.

You have an excellent chance of being offered a settlement because hospitals now all too well how much they have to pay in legal fees if they have to defend against a lawsuit involving mistakes made by one of their surgeons. In addition to legal fees, the hospital's malpractice insurance annual premium is also increased with every malpractice claim that is made against them. the hospital also knows that it does not cost you anything to file a lawsuit since these cases are taken on by Attorneys on a contingency fee. So, you see, the hospital is very much aware that it will be much cheaper to settle with you, rather than litigate the claim and still not be sure of the outcome,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Customer: replied 1 year ago.

Do I need to tell them that I am quite willing to go with an attorney if they do not settle? What would be my burden of proof that the surgery was a "failure" even though I followed instructions of the surgeon? I don't think they will just take my word.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Donna,

 

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,

 

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

Customer: replied 1 year ago.

Thanks, XXXXX XXXXX did have to have a revision surgery. I have the x-rays showing shifting in the hardware the first surgeon placed and the nail may have pierced my femoral head...we have no way of knowing if it did unless and until my hip is ruined and I need a total hip replacement because of it. 2 attorneys have advised me to wait, but I want to settle without a lawsuit. The surgeon advised me to bear weight as tolerated even though I have osteoporosis, so the hardware did not have a chance to take hold, and I had no healing at all, in fact I was in a dangerous situation due to the movement of the nail. Thanks for your input and if you think of anything else I might do, please advise me.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Donna,

 

You did not state when this surgery took place, but I thought it important to let you know that the Colorado Statute of Limitations for medical malpractice is two years. It is equally important to keep in mind that if you are unable to settle the case without litigation, it will be difficult to find any reputable Attorney to take your case when the Statute of Limitations is down to the wire and by that I mean 4 to 6 months before the Statute of Limitations expires because an Attorney needs time to investigate the case, request medical reports, get expert witnesses and coordinate everything for a properly prepared medical malpractice case. Please remember to rate my service to you, otherwise I will not receive credit for assisting you,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11658
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX will rate your assistance...my accident took place on April 5, had surgery in Spokane WA on the 6th, surgery was revised in Colorado on the 15th, so I will be dealing with Washington State, they have a 3 year statute. I will consult an attorney there, but I think I will go the ombudsman route for a quicker resolution. Thank you very much for your help.

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