Do I have a case if a medical tech hurt my mother's arm?
Question Details: My mother who is 82 years old went for a mammogram the other day. She is a breast cancer survivor of 30 years. About 1 year ago, she had rotator cuff surgery. When she went for her mammogram she told the tech that she could not lift her arm very high because of the surgery. The tech then grabbed her arm and forced her arm above her head. She now is in extreme pain, saying that it feels dislocated and that the pain is more severe than before her surgery. What actions we can take?
The clinic or facility where the med tech is employed is liable for the negligence of the employee which occurred in the course and scope of employment.
Medical malpractice is negligence. Prior to your mom filing a lawsuit for negligence against the clinic, it may be possible to settle the case with its malpractice insurance carrier. When your mom completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills and medical reports. Her claim filed with the malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document the injury and are used to determine compensation for pain and suffering, an amount in addition to the medical bills.
If the case is settled with the malpractice insurance, NO lawsuit is filed.
If your mom is dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the clinic.
If the case is NOT settled, lawsuit against the clinic must be filed prior to the expiration of the applicable statute of limitations or your mom will lose her rights forever in the matter.