Inadequate Supply of Your Blood Type, Can You Sue the Hospital?

There is no single answer to this question that covers all of the possible circumstances. There are times when running out of your blood type, or not having an adequate supply on hand, would be considered negligence by the hospital.

There are other times when you would not have a successful malpractice lawsuit showing that the hospital acted negligently.

In this Malpractice Guide article we will help you decide whether or not to see a malpractice attorney about your case.

When an Inadequate Supply of your Blood Type is Not Negligence

Blood shortages are a reality for many hospitals since they rely on blood donations for their stock of blood. Hospitals work with groups like the American Red Cross that carries out frequent blood drives and blood banks that are licensed to collect blood donations. Shortages do occur and there are times that an inadequate supply of blood is beyond the control of the hospital.

If you are in a car accident or suffer some other serious injury such as a gunshot wound, you’ll be rushed to the hospital for treatment. If you require a large amount of blood and the hospital does not have it, it is unlikely the hospital will be held negligent if a general blood shortage can be demonstrated.

Secondly, if you are rushed to the hospital for surgery to save your life – perhaps following a brain aneurysm or a heart attack – and the hospital runs out of your type of blood, there is a strong chance it would not be held liable for having an inadequate supply of your blood type.

When You Can Sue the Hospital for an Inadequate Supply of your Blood Type

Of course, you can sue a hospital any time you want. The purpose here is to show circumstances in which you have a good chance of being successful.

First, if you are going into the hospital for elective surgery such as a knee replacement or back surgery, the hospital should not admit you and do the surgery if it is not sure it has an adequate supply of your blood type. If you are admitted, the surgery takes place, and the hospital runs out of blood, you have a strong case for a lawsuit.

Secondly, if there is not a general shortage of your blood type in your area, but your hospital fails to have your blood type on hand, you might have a lawsuit no matter what the circumstances of your medical situation are.

Talk with an Experienced Malpractice Attorney to Learn your Options

Discussing your case with a medical malpractice lawyer is the first thing to do. He or she will review your medical records – and possibly have a doctor review them too – to decide how strong a case you might have. Most medical malpractice attorneys give free case evaluations, so you can talk with several about your case before choosing malpractice lawyers to represent you.