Asked by user in California. Answered by Enjuris Editors.
I’m sorry this happened to you.
In California, you can recover damages from a hospital if you can prove that the hospital failed to exercise “ordinary care” in avoiding exposing you to an “unreasonable risk of harm.”
For example, if you can prove that the hospital knew a patient likely had COVID-19, but nevertheless put that patient in the same room as you, you can sue for damages.
Keep in mind that in any lawsuit against a hospital, you’ll need to prove that the hospital’s actions caused you to develop COVID-19. Unfortunately, the hospital will likely argue that you contracted COVID-19 somewhere else (for example, from the person who drove you home from the hospital). Proving causation in these types of cases is extremely difficult.
If you want to talk to a lawyer about your case, I would recommend using our free online directory.