by sheryls0326 » Fri Feb 11, 2011 06:42 pm
I was hospitalized two years ago and during my hospitalization a nurse did an unauthorized procedure, this procedure caused damage that required immediate emergency surgery. I have had a total of 4 surgeries now, 25 infections, so life threatening and my pain level is very high. I currently am on morpine for the pain. I was told I will need medical care for a very long time. I don't know how to put a price on my pain and suffering. My medical bills after insurance paid out, my dedictibles have so far been $31,000 and my loss wages so far is $34,000 . What should I settle for or should I say what should I accept or not accept?
Posted: Fri Feb 11, 2011 11:48 pm Post Subject:
No one can answer this question as to the specifics of your injuries, your surgeries and the nature of how you were injured are to vague.
Posted: Sat Feb 12, 2011 04:17 am Post Subject:
my dedictibles have so far been $31,000
I think you are confused. In two years, it would be unlikely that you would have $31,000 in "deductibles". Coinsurance, perhaps, but not deductibles.
Trench is correct. Only you can determine what your "pain and suffering" is worth, if you are trying to work out an amicable settlement with the nurse's/hospital's insurance company. The nurse probably has a $1,000,000 malpractice personal policy, and the hospital one even larger.
Certainly, all of your medical bills and lost wages should be picked up by one or both coverages -- without question. Those are called "special" or "specific" damages, because they can be quantified.
Pain and suffering is in the category of "general" damages, and if you think it's worth $1,000,000, then that's what you ask for. They will counteroffer something less than that. You go back and forth, until they stop countering your demand.
If you stick to your $1,000,000 (or whatever amount you choose) and come to the inevitable impasse, then you either accept their offer or you go hire an attorney to try to get you more. But the attorney will take 30%-40% of your award for his trouble. and that could leave you with less than you might have had on your own.
Then again, if this happened two years ago, and you have not filed a lawsuit, then you may have exceeded the statute of limitations and cannot sue at all. You probably need to consult an attorney for advice.
Add your comment