You need to talk to a lawyer about this. Medical malpractice claims require expert legal representation. Medical battery claims are few and far between and are not covered by insurance. A decision must be made based on facts and the law of your state whether there is a valid basis for any sort of claim at all, and if so, what claim to file. Since you have provided no facts in your question, I can offer no further information.
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I agree with Mr. Brophy with respect to your question. Other than telling you to consult with a medical malpractice attorney, the advice that I can give you is limited because there are no facts about the case posted. I hope you find my answer helpful.
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