How To Sue A Doctor For Medical Malpractice

How To Sue A Doctor For Medical Malpractice – Patient safety should be a priority in all hospitals. Strong and competent healthcare teams should have controls in place to minimize the risk of infection and prevent medical errors, but statistics suggest that this is not always the case.

A 2013 study concluded that up to 440,000 patients die each year from accidents, injuries, infections, and other events and conditions encountered in the hospital. In other words, by the end of today, more than 1,000 people will have died from avoidable hospital error. Maybe one or more of them will be your loved ones. Also, if you are a Medicare patient, you have a one in four chance of being injured or dying while receiving treatment in the hospital.

How To Sue A Doctor For Medical Malpractice

About 1% of all medical patients will be victims of medical negligence (malpractice). However, less than 3% of victims file a malpractice claim. This means that most victims never seek justice. There could be many reasons for that. They may not know they were victims of malpractice. They may not know what malpractice actually is. They may be  unaware of the legal process that would help them recover damages. Whatever the reason, every victim of medical malpractice has the right to pursue a claim in court, and there is a process for filing and pursuing a medical malpractice claim.

What Constitutes Medical Malpractice

All four elements must be met in order for an incident to rise to the level of medical negligence. A hospital can be responsible for its health professionals (nurses, emergency physicians, anesthesiologists, radiologists and employed physicians) when they treat patients in or for the hospital.

Hospitals may be subject to a medical malpractice claim if the negligence of their employees results in complications, injury or death. This neglect can take many forms, including:

For example, a man goes to the hospital for a routine hernia repair, but still has pain and a burning sensation at the incision site, long after it has healed. He is unable to eat and suffers from severe abdominal pain, but no amount of medicine or antibiotics helps. A year later, the man is in so much pain that he goes to the emergency room, tells the emergency room doctor about the pain, the uselessness of antibiotics, and how this all happened shortly after his hernia surgery. The doctor orders an x-ray which shows that a piece of surgical gauze has been left in the man’s abdomen from his hernia surgery. When it was removed, it was black with mold, which is why the antibiotics didn’t work.

If one or more members of the hospital staff, emergency physicians, anesthesiologist and/or radiologist were responsible for your preventable injury, you can file a medical malpractice claim to seek compensation for damages. It is important, however, to confirm that the doctor or other health professional involved is employed directly by the hospital.

Can I Sue If My Doctor Didn’t Tell Me About A Specific Risk?

While nurses, medical technicians, and other support staff are typically employees, physicians may be independent contractors. In this case, they, and not the hospital, are responsible for the errors they commit or that are committed under their direct supervision. In the latter case, the doctor must be present and have the ability to prevent the negligence of the employee.

However, like most areas of the law, there are exceptions. Although a hospital is not normally liable for the malpractice acts of a contracted physician, they may be liable in certain situations including:

Medical malpractice law is governed by complex rules that are difficult for the average person to navigate. In Florida, you must file a lawsuit within two years of discovering your injury, but no later than four years after the malpractice occurred. This means that if the injury has not caused any noticeable complications within four years, your claim will be denied, unless:

Florida law has some pre-trial requirements. You must serve a notice of intent to sue the hospital first and include an affidavit from a medical professional indicating that you have a valid malpractice claim. This notice initiates an investigative process that lasts up to 90 days.

Can I Sue For A Delayed Diagnosis?

If the hospital indicates during that time that it does not want to settle, you have 60 days or the rest of the statute of limitations to sue for malpractice, whichever is longer.

Medical malpractice attorneys must obtain an accurate history from the victim and assess whether, based on the history, there is a potential case for medical negligence.

Medical malpractice lawyers work on a contingency basis, meaning they are paid only if the plaintiff is awarded damages. The attorneys will pay all litigation costs, which can reach tens and sometimes hundreds of thousands of dollars, depending on the case.

So, the best thing you can do if you think you have a good case against a hospital is to be a good customer. Before you meet with a lawyer, make sure you know as much of the story as possible. What was your life like before medical malpractice? How was it later? Do you have any medical records from the hospital where you were injured? You may not be asked for them at the initial meeting, but keep in mind that the attorney may need your medical records to determine if there is medical negligence and, if so, if the charge of the hospital will likely result in a trial verdict or settlement.

In Medical Malpractice Claims, Who Gets Sued: The Doctor Or The Hospital?

Your lawyer will decide whether or not to pursue your case against the hospital. If the lawyer takes the case, he will need to retain a medical expert to submit an affidavit detailing how the treatment was below the standard of care, and how that departure from the standard of care led to an injury. The case will go through the pre-suit process, which is a period of 90 days during which the hospital investigates the claim. At the end of the presuit period the hospital can refuse the claim, or accept responsibility. Often times the parties agree to mediate the case during the presuit period, and this often results in an agreement. If the case is not resolved during the presuit, the lawyer will then file a complaint of medical negligence against the hospital. This is where the work really begins.

After you file the complaint, you can give a deposition and answer discovery questions. The case may settle or may go to trial.

Yes, you can, but it’s probably not as effective as a lawyer. In fact, cases can be so difficult that most personal injury attorneys do not handle medical malpractice claims. A medical negligence claim is very technical. A medical malpractice attorney has the familiarity with the requirements necessary to prove the departure from the standard of care, the resources, the money and the experience to advocate for you in a lawsuit. In most states for most medical malpractice claims, each claim requires an expert witness, which is a doctor or nurse. Some cases require several experts. Cases are very expensive and hospitals know it. Make sure you choose an attorney who specializes in medical malpractice and has the resources to handle your case.

As you can see, suing a hospital for negligence can be complicated. The medical malpractice attorneys at Kaire and Heffernan take on the hard work of holding the hospital accountable for your injuries, so you get the compensation you need to recover. For more information, please contact us.

Can I Sue My Doctor For Misdiagnosis?

Mark Kaire has practiced law in Miami for nearly 15 years. He is dedicated to helping injured people in Miami receive compensation. Mr. Kaire has been blogging about Miami legal issues for 4 years. In general, medical visits in the hospital are crucial to keep people healthy and happy at all times. However, they are not immune to committing medical errors. One of these errors could include using the wrong test results to diagnose and treat your medical condition. When such incorrect test results result in an injury, you may wonder what to do next. You may also ask yourself if you can ask the wrong doctor for wrong test results to receive compensation. The answer to the question depends on certain circumstances.

So, if you have suffered an injury due to incorrect test results, read more to find out how you can ask the responsible health professional on that ground.

A misdiagnosis occurs when the doctor has failed to perform the appropriate diagnostic tests on the patient, resulting in erroneous results to diagnose or treat a disease. It is a type of medical malpractice that could also be a ground to file a lawsuit against the healthcare professional at fault.

In most cases, misdiagnosis can be considered a serious legal matter. If the doctor uses incorrect test results that medical error can cause a more severe health problem that requires extensive treatment. Consequently, it can cost more money in the long run, making the patient’s life more financially challenging.

Is It Ethical To Sue The Nhs?

When a doctor has misdiagnosed your illness based on incorrect test results, you may be entitled to file a medical malpractice lawsuit.

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