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jewelry misplaced by hospital and they are offering a low ball settlement


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#1 ltoddd

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Posted 04 February 2013 - 09:12 AM

I know that hospitals have protocols to handle patient effects. is there other damages such as pain and suffering or breach of trust that can be persued? The hospital was supplied with receipts but the price of gold and diamonds has gone up in the past 15 years. 15k worth of jewelry was misplaced when wife had a in-hospital procedure done. They are offering 5k.

#2 Guest_FindLaw_Amir_*

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Posted 04 February 2013 - 11:57 AM

If you are not satisfied with the hospital's offer, then you may file a claim against the hospital for the damages you wish to pursue in return. You may discuss this with a local Lawyer to advise you of your options and how to proceed.

#3 adjusterjack

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Posted 04 February 2013 - 12:19 PM

I know that hospitals have protocols to handle patient effects. is there other damages such as pain and suffering or breach of trust that can be persued?


No.

The hospital was supplied with receipts but the price of gold and diamonds has gone up in the past 15 years. 15k worth of jewelry was misplaced when wife had a in-hospital procedure done. They are offering 5k.


If you don't like the offer you are welcome to file a lawsuit.

But I'm not so sure I seen any liability on the part of the hospital.

It's possible that the hospital is offering go-away money without any admission of liability.

After all, who would be stupid enough to take valuable jewelry for a stay in a hospital? And, what, leave it unattended somewhere?

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#4 pg1067

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Posted 04 February 2013 - 02:21 PM

is there other damages such as pain and suffering or breach of trust that can be persued?


"Breach of trust" is a type of claim, not a type of damages. And no, "pain and suffering" damages are not available for a lost property claim. The reason should be obvious: one does not suffer pain when a piece of property is lost.


15k worth of jewelry was misplaced when wife had a in-hospital procedure done.


What sort of "procedure"? Was an emergency situation where your wife had no choice about the matter? I certainly hope so since I cannot conceive that anyone would bring $15k worth of jewelry to a scheduled procedure.

At the end of the day, if your wife doesn't like the offer, she is free to sue. She will have to prove that the hospital breached its duty of care and the fair market value of the property at the time of loss. If it was an emergency situation, then the hospital certainly has an obligation to use reasonable means to safeguard property in the patient's possession. If this was a scheduled procedure, it's entirely likely that she executed a waiver at the time of admission (i.e., one of the umpteen forms that most people don't bother to read).

#5 Tax_Counsel

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Posted 06 February 2013 - 05:03 AM

If this was a scheduled procedure, then she’s got two likely problems here. First, she likely signed a form acknowledging the risk of loss and agreeing to a waiver of liability for loss of personal property and second, hospitals generally warn patients coming in for procedures not to bring in any personal effects like jewelry. It's a hospital, not a bank, and the hospital's ability to safeguard property is limited. If it was an emergency admission and your wife didn’t have the opportunity to leave the jewelry someplace safe, the hospital needed to take reasonable steps to safeguard her property. If the hospital did that and the stuff still got lost, it is not responsible for that.

Do you have a homeowner’s policy that covers the jewelry? If so, your best bet may simply be to make the claim on the insurance. That’s why you get insurance.




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