Ask. Ask your doctor. Get second opinions if possible. Talk to lawyers, who may have medically trained staff that can give an informed opinion, or who may have dealt with the exact same issue (or doctor) you are dealing with. Do whatever you can to attempt to allay any misgivings you have about your care.
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First Steps to Sue a Doctor. 1 1. Check Your State's Statute of Limitations. All states have specific deadlines for filing a medical malpractice lawsuit, set by laws called statutes ... 2 2. Find a Medical Malpractice Lawyer (and a Medical Expert) 3 3. The "Certificate of Merit" and Other Pre-Lawsuit Filing Rules.
You only have a limited time in which to sue for a failed surgery. The statute of limitations for a medical malpractice claim varies from state to state, however the clock typically starts running as soon as you know (or should have known) that you were harmed.
You cannot take legal action for a mistake a surgeon immediately fixed, but you can file a medical malpractice lawsuit if a surgeon failed to meet the acceptable standard of care for your condition.
If a hospital gives you the wrong treatment, their staff makes the wrong call, or a loved one dies in their care, you may have options to sue. Although medical professionals may be the ones who actually made the mistake, the hospital is responsible for its employees and their training.
When it comes to surgery, people put a lot of faith in their doctors. We let them put us to sleep and cut us open to repair broken bones and torn ligaments, remove tumors and cysts, and fix organs.
There are entire reality TV shows built around surgeries gone wrong. People, desperate to fix what’s wrong or return to what it was like before, seek out better surgeons to fix another doctor’s errors.
Yes, you can. And, oftentimes, you should! Surgeons must provide a standard of care for patients. Their lives are literally in their hands.
Linking up with the right lawyer is vital to the success of your case. At all costs, find someone with experience representing victims of a bad surgery and other forms of medical malpractice.
There are a lot of instances where surgeons make mistakes because they failed to live up to the standard of care. Here are some examples of surgical malpractice cases:
Leighton Law represents victims of bad surgeries across Florida. We have a team of attorneys who are experts in the medical malpractice field. Talk to us in a no-obligation consultation to discuss your situation and the next steps you should take.
If a surgeon makes a mistake during a procedure but identifies it immediately and does everything possible to fix it, the patient would have a hard time proving medical negligence on part of the surgeon, particularly if the surgeon fixed the error during the procedure and it did not result in any permanent harm.
However, if the surgeon fails to notify the patient of this risk, the patient may unknowingly undergo a dangerous procedure and suffer permanent damage. Potential claimants must also ensure they meet the appropriate statute of limitations or time limit for taking legal action for bad surgery.
Surgeons also have a professional responsibility to fully inform their patients of all associated risks and benefits of a procedure under informed consent laws. These laws ensure a patient can make informed decisions about his or her own healthcare. For example, if a surgical procedure carries a risk of causing a permanent disability, this could be the deciding factor for the patient. However, if the surgeon fails to notify the patient of this risk, the patient may unknowingly undergo a dangerous procedure and suffer permanent damage.
Countless Americans undergo surgical procedures every year. Some of these procedures are to correct serious health problems, such as trauma surgery to remove a bullet from a gunshot victim or extract a tumor. Other surgical procedures are voluntary for cosmetic reasons, such as rhinoplasty and “tummy tuck” procedures. Regardless of why a patient undergoes surgery, the surgical team is responsible for following the standard of care for the procedure and to perform the procedure responsibly.
A medical professional must have a very good reason to deviate from the standard of care. Expert witnesses not only help support medical malpractice plaintiffs’ claims for damages, but also come into play in medical malpractice lawsuits to determine if a defendant’s conduct was acceptable under the circumstances.
Medical malpractice claims are essentially personal injury claims filed against medical professionals, but the process of filing a medical malpractice claim is much more complex than a typical injury claim. First of all, a medical malpractice lawsuit almost always requires a certificate of merit or affidavit of merit from the medical board with jurisdiction over the defendant. The board will review the claim to determine if the plaintiff has grounds for a medical malpractice lawsuit and grant a certificate of merit if so.
Ultimately, yes, you can take legal action for bad surgery, but you must have suffered some kind of measurable harm or tangible damage to proceed with the claim. You cannot take legal action for a mistake a surgeon immediately fixed, but you can file a medical malpractice lawsuit if a surgeon failed to meet the acceptable standard ...
1. Make a list. Medical malpractice cases are among the most complicated cases to pursue, so you will need a lawyer. Check your Yellow Pages for attorneys, and perform a web search. Type “lawyer,” “medical malpractice,” and your city into your favorite search engine.
Your doctor’s office should provide you with this. If your provider denies your request, it must provide you with a denial letter. The letter should tell you how to appeal, but also realize that you can get the medical records with a subpoena after you initiate a lawsuit.
Documenting your injury is the most important thing you can do to build a strong medical malpractice case.
If the medical treatment aggravated a prior injury, your claim could be worth less because the jury may decide that the prior injury is to blame for your pain and suffering. How sympathetic the plaintiff is. If the plaintiff has a criminal record, then the amount of damages awarded could be lower.
If you have bruising, cuts, or infections, take photographs. This evidence will be useful at trial since it shows your condition immediately after receiving treatment from the physician. By the time you reach trial you might be better, but you can still be compensated for the injury your doctor caused.
Also look to see how professional the website is. An attorney whose website is replete with grammatical errors may be careless in his representation of you.
Gather a complete set of medical records for your trial, including radiology reports, notes from your doctor, and reports from third-party medical professionals who you visited. You should call your doctor to ask about the specific procedure, as some doctors use third parties to store records.
When you sue the doctor or hospital, you will often be dealing with their insurance company. In rare cases, a doctor may lose their license or go to jail. Or, a hospital could be shut down. But generally, you are suing their insurance company to compensate you for your suffering.
Discrimination (a staff member refusing to treat you do to your race, sexual orientation, your nation of origin, etc.) You generally have between two to six years to sue for hospital negligence. This is called the statute of limitations, and it varies by state.
If the person who made a mistake is an independent contractor, then you must take them to court with a medical malpractice attorney. If they are an actual employee of the hospital that committed medical negligence, then you may have a medical malpractice lawsuit against the hospital.
You may need medical records, dates, records of the job-related mistakes, and more to help prove your case. Your personal injury attorney will handle the medical malpractice lawsuit and will tell you exactly what they need. Without their expertise, it can be hard to know what information is relevant.
If your instincts are telling you something is wrong, then you should investigate your case. A personal injury lawyer is going to be the best person to have on your side when you seek justice from a hospital — you deserve justice when a hospital makes a mistake with your illness or injury.
If a hospital gives you the wrong treatment, their staff makes the wrong call, or a loved one dies in their care, you may have options to sue. Although medical professionals may be the ones who actually made the mistake, the hospital is responsible for its employees and their training. If, however, the doctor who injured you is an independent ...
Dangerous or negligent actions by hospital staff (reusing equipment or needles, leaving floors wet, stealing or abusing medications) Wrongful death of a family member.
First, medical malpractice cases are a challenge to win, since they tend to involve complex legal and medical issues.
For information that's tailored to your potential medical malpractice case, and details on what's required to file this kind of lawsuit in your state, talk to a medical malpractice lawyer.
All states have specific deadlines for filing a medical malpractice lawsuit, set by laws called statutes of limitations. These laws can be very complex, since in most states the deadline can vary depending on the circumstances of a particular case. So the text of a typical statute of limitations for medical malpractice lawsuits might include: 1 the standard filing deadline (i.e. one year, two years) 2 the " discovery rule " exception for situations in which the patient did not know (or could not reasonably have learned) that a health care provider's medical negligence played a role in their harm 3 an overarching time limit for filing the lawsuit (called a "statute of repose"), which applies regardless of any "discovery rule" extension, and 4 the deadline for minors, incapacitated individuals, and others.
All states have specific deadlines for filing a medical malpractice lawsuit, set by laws called statutes of limitations. These laws can be very complex, since in most states the deadline can vary depending on the circumstances of a particular case. So the text of a typical statute of limitations for medical malpractice lawsuits might include:
Fourth, medical malpractice cases are expensive (in part because of the cost of these medical experts). Good medical malpractice lawyers accept this and are prepared to pay these costs, which could reach tens of thousands of dollars. Inexperienced medical malpractice lawyers may not want to front these costs and/or may not be able to afford the costs, and you can lose your case if you're unable to pay the necessary experts.
3. The "Certificate of Merit" and Other Pre-Lawsuit Filing Rules. In many states, the plaintiff's lawyer must submit what is called an "offer of proof" or a "cer tificate of merit" when (or soon after) filing the lawsuit, and before any pretrial investigation occurs.
Depending on the state's laws, this filing can require a qualified physician to review the plaintiff's medical records and write a sworn opinion decla ring that the defendant physician was negligent in providing care to the plaintiff, and that the physician's negligence caused the plaintiff's subsequent injuries.
First, communicate with your physician and give them the opportunity to fix their mistake. Be sure to document any symptoms, pain, additional appointments, and costs associated with the harm you allege. Keep detailed records and notes of all conversations with your doctors. Document the moment you knew or suspected something was wrong.
In order to show that the doctor was negligent you will need expert testimony that the treatment fell below the standard of care.
Some examples of surgical errors that cause a failed surgery include: 1 Wrong site surgery, in which the doctor performs surgery on the wrong part of the body. 2 Wrong patient surgery, where the surgeon operates on the wrong person, often meaning that the patient who needed that particular surgery did not get it. 3 Damage caused by surgical instruments or tools being left inside of the body after surgery is completed. 4 Anesthesia errors, where either too much or too little anesthesia is used. 5 Injuries to nerves or other internal organs when the surgeon causes damage with their instruments. 6 Infection caused by instruments that were not cleaned or sanitized properly. 7 Unnecessary surgery that a patient did not need and ended up harming them.
Damage caused by surgical instruments or tools being left inside of the body after surgery is completed. Anesthesia errors, where either too much or too little anesthesia is used. Injuries to nerves or other internal organs when the surgeon causes damage with their instruments.
A failed surgery is one in which a surgical error was made. A surgical error is a mistake made during surgery that could have been prevented. There is some risk inherent in any surgery, and patients typically sign an informed consent form acknowledging that they are aware of the risks of surgery.
Wrong site surgery, in which the doctor performs surgery on the wrong part of the body. Wrong patient surgery, where the surgeon operates on the wrong person, often meaning that the patient who needed that particular surgery did not get it.
Unnecessary surgery that a patient did not need and ended up harming them.
When you sue a doctor, you are suing for “damages,” – compensation that makes up for the loss you experienced as a result of their negligence. If they fail in their duty of care, yet you experience absolutely no consequence or loss (other than annoyance and frustration), you probably do not have a case.
Generally, the only way to prove a doctor failed to adhere to medical standards of care is to bring in an expert witness. This may be another doctor, a medical investigator, or some other person in a position of authority. 3. Negligence led to pain and suffering.
There are two main exceptions to this standard: if you are a parent suing on behalf of a child, or if you are suing for the wrongful death of a spouse. The courts will still ask you to prove that the doctor served the patient in question. 2. Some form of negligence occurred.
This can result in a number of negative consequences for victims, including pain and suffering, personal injury, or even wrongful death.
These include incurred medical bills, loss of income, loss of enjoyment, loss of consortium, and emotional distress.
1. A doctor-patient relationship exists. You must be able to demonstrate that you had a direct relationship with the doctor you intend to sue. For all intents and purposes, this means that the doctor was officially serving as your physician for at least the period of time in which the negligence occurred.
When a doctor delivers treatment in a way that puts the patient at risk (e.g., botching a spinal surgery, leading to permanent paralysis). There must be evidence that they failed to use skill or care.