It is better to consult an attorney before settling a claim. The hospital has attorneys on retainer that they can call. Moreover, hospital risk managers and claim adjusters have considerable experience in evaluating claim values. You are disadvantaged in the settlement process without an experienced advisor on your side. The fact the hospital is giving you the run around suggests they are not looking out for your best interest. You should not be in such a rush to settle that you enter the process without proper advice. An experienced malpractice attorney can advise you whether you are entitled to pain and suffering, loss wages or other compensation as well as reimbursement for surgical costs. An attorney can delay any collection action by your surgeon. The hospital knows that your attorney can file suit if they are not fair in the settlement negotiations. The strength of your case will affect any settlement value. Your counsel will need more facts to properly evaluate your claim than you have provided here. You can contact me at 706-468-1647 if you want a thorough review of the matter.
Disclaimer: The foregoing information is not legal advice. Legal advice can oonly be provided after consultation where all relevant facts are disclosed.
An agreement by a hospital to pay for your surgery is not a medical malpractice claim, but rather, a contract claim. Priority one is to see to make sure you have the right medical care now, going forward. Once that takes place, then there may be some liability where the medical care fell below the average standard of care and caused harm. Find an experienced medical malpractice attorney in your area either through the AVVO search or through the American Association for Justice.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
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