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Hospital suspects a patient has been abused by visiting RN. Notifies the DPH. Investiga. finds abuse. What does the patient do to collect $?

8 Answers

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  • Bob B
    Lv 7
    3 years ago
    Favorite Answer

    You would need to sue, although if the case is as clear-cut as you are saying, then the hospital will probably pay up; these days the fear of lawsuits is so entrenched that hospitals will pay out over just about anything, let alone something as serious as this. Chances are they'd settle with you out of court.

    If the hospital did decide to fight it, though, then you'd have to sue. The DPH report could be used as evidence but it doesn't constitute a "guilty verdict"- on a court can issue that (also, compensation is a civil matter, not a criminal one).

    Basically, the question as to whether or not someone is legally liable for something, and if so how much for, is something that only a court has the legal power to answer. The DPH is not a court and so it doesn't have the power to determine if someone is legally liable for something- the DPH report basically reflects the official position of the DPH as to what happened, and that could be used as evidence in the case, but only the court can decide the outcome- although again, if it was this serious, they'd probably agree to pay without it reaching a courtroom.

  • 3 years ago

    The patient should talk to an attorney to see if she has a case for financial damages.

  • 3 years ago

    Depending on the DETAILS of the case, a monetary settlement may not even be an option. ASSuming as monetary settlement, NO TWO CASES with even have the same bases for determining the amount, must less the same amount o f settlement.

    By the way, your scenario IS NOT what actually happens. The hospital wouldn't REPORT suspected abuse to ANYONE for investigation. They would CONDUCT the investigation. It is also EXTREMELY unlikely a visiting RN would even have the chance to abuse anyone.

  • Athena
    Lv 7
    3 years ago

    Not sure they can in the situation you described.

    The patient would have to file suit which has nothing to do with the hospital investigation of a professional on their site.

    Two different cases.

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  • 3 years ago

    Thats the question. Do they sue and who do they sue? It is an odd situation because the abuse was reported due to a mandated reporter reporting it to the DPW. The Hospital investigated and found the nurse to be abusing and intimidating the patient. The nurse who did the abuse works for the Hospital accusing her... The abuse led to 2 amputations. Do you still need to sue or is the report from the Department of Public Health including the guilty of abuse verdict the case and outcome?

  • Anonymous
    3 years ago

    Sign up for welfare

  • 3 years ago

    Law suits have been very effective, along with prison terms.

  • ?
    Lv 6
    3 years ago

    Sue, probably.

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