how to go about getting a lawyer for hospital surgery

Consult with a lawyer. An experienced attorney can draft the medical power of attorney but can, more importantly, help you think through different medical scenarios and clarify what treatment you want. If you do not yet have a will, then a medical power of attorney can be drafted at the same time as a will and a living will.

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When should you hire a medical malpractice lawyer?

You should contact a lawyer if you develop an infection within two weeks after leaving a hospital. Our medical malpractice lawyers can evaluate your case for free. If you decide to pursue a claim, we can review your medical records to see if your injury may have been caused by an inadequate standard of care.

How to sue a hospital for medical malpractice?

How to Sue a Hospital. Determine whether you believe the hospital can be sued – either for its own negligence or for the medical malpractice of one of its employees. Gather all information, including medical records, incident reports, photographs, and more. Contemplate what damages you would like to request.

Do you need a lawyer for hospital negligence claims?

Most hospital negligence claims can be difficult to understand, especially if they involve legal theories like vicarious liability. If you have any issues involving the negligence of a hospital, you may wish to contact a personal injury attorney in your area for advice.

Should you know who's performing your surgery?

If you’re in the hospital for surgery, you should know who will be performing it, says Julia Hallisy, founder and president of the Empowered Patient Coalition, a nonprofit group of patient advocates aimed at helping the public improve the quality and safety of their health care.

How long does it take to get a lawsuit against a hospital?

This is generally 2-3 years from the date of the injury or when the injury was discovered. However, it can be more or less time depending on what your state requires for bringing a lawsuit against hospitals. For example, say you underwent back surgery on August 1, 2020 and were paralyzed as a result.

What is the most common legal theory used to sue a hospital?

The most common legal theory used to sue a hospital is medical malpractice. Medical malpractice is when a medical professional acts negligent when treating a patient and they are injured as a result. These individuals will be held to a higher standard of care, which will depend on their type of profession/job title.

How long does it take to sue a hospital for medical malpractice?

The medical malpractice statute of limitations for your state is 3 years, and in this situation it would start running on the date of your surgery. As such, you would have until August 1, 2023 to sue the hospital for medical malpractice.

How many states have medical malpractice lawsuits?

As of 2020, 29 states have damages caps for medical malpractice lawsuits. The other 21 states do not set any cap for medical malpractice damages. Sometimes it is a blanket cap while other times it will just apply to a certain type of lawsuit or category of damages.

What are the legal theories against hospitals?

Other theories where a hospital could be a named defendant include products liability, wrongful death, and discrimination.

What happens if a doctor makes a mistake?

If a doctor or other staff member makes a mistake then the hospital can still be found liable as their employer. This is known as vicarious liability. However, if the doctor is not directly employed by the hospital but instead works on a contract or floating basis, then the hospital may not be an appropriate defendant.

What is mandatory arbitration?

This means that before the person can file a civil lawsuit, they will need to go through mandatory arbitration. This is when the dispute is put before an arbitrator, who is a neutral third-party. The arbitrator listens to both sides, looks at the evidence, and tries to help the parties reach a resolution.

What happens if you sue a doctor?

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.

How long do you have to sue a hospital for negligence?

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.

What do you need to prove medical malpractice?

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.

What happens if a hospital gives you the wrong treatment?

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 ...

What is a negligent action in healthcare?

Dangerous or negligent actions by hospital staff (reusing equipment or needles, leaving floors wet, stealing or abusing medications) Wrongful death of a family member.

Why was Duke University Hospital sued?

Duke University Hospital was sued in 2003 for never checking the blood type of an organ donor and the recipient before surgery. Rhode Island Hospital performed operations on the wrong part of three patients' heads in 2007. In a 1995 case, the wrong leg was amputated during surgery.

Can a hospital carry malpractice insurance?

They will have to carry their own malpractice insurance, so you would end up fighting their insurance company in court. It may be possible to prove the hospital is treating the contracting doctor as an employee and is therefore also responsible for your injuries.

What happens if a lawyer loses a case?

If the lawyer loses the case, the lawyer usually is not paid, though the client may be on the hook for certain costs. 3.

Why is it important to bring all potentially responsible parties to a medical malpractice suit?

It is critical that all potentially-responsible parties be brought to the suit, because it may not be possible to go back later to add a party. 7. Comply With any Procedural Rules. Many states require patients to jump through a few hoops before filing medical malpractice lawsuits.

What happens when a hospital makes a mistake?

When a hospital makes a mistake that rises to the level of medical malpractice, a patient has a legal right to receive compensation for any resulting injuries. While medical malpractice laws are designed to protect the rights of patients who have been subjected to substandard medical care, the first step in asserting those rights must be taken by ...

What is the statute of limitations for medical malpractice?

1. Act Before The Statute of Limitations Deadline Passes. The biggest mistake a patient can make is waiting too long to file a medical malpractice lawsuit in court. Statutory time limits (called "statutes of limitations" in legalese) require patients to file legal claims promptly.

How long do hospitals keep medical records?

A hospital must keep every patient's medical records for at least a few years after treatment . Upon request, the hospital must give copies of the records to the patient (however, the hospital may charge a fee for copying expenses).

Do hospitals give copies of records?

Upon request, the hospital must give copies of the records to the patient (however, the hospital may charge a fee for copying expenses). 5. Determine Your Damages. At some point, the hospital might make an offer to settle the case. So, it is important for the patient to determine the value of the case.

Can you sue a hospital for a doctor's error?

In many cases, you can't sue a hospital for a doctor's treatment error, unless the doctor is an employee of the hospital (most are not), or when the doctor's incompetence should have been obvious to the hospital. 4. Obtain Medical Records. A hospital must keep every patient's medical records for at least a few years after treatment.

What to do if a hospital is not successful?

If that effort isn't successful, they'll file a complaint with your local state court. The complaint contains allegations against the hospital and includes your claim for damages, typically monetary damages. Your attorney will get information from you to help you decide how much money you should demand.

What to do if a loved one dies in a hospital?

If a loved one died in the hospital as a result of negligence, you also may have the option of suing the hospital for wrongful death. In all of these cases, hiring an attorney is practically essential to a successful resolution of your claim. Steps.

What happens at a hospital deposition?

At a deposition, the hospital's attorneys will interview you on the record and ask you questions related to your claim and your medical condition. These interviews can be extremely stressful, and may get confrontational.

Can you sue a hospital for malpractice?

These laws mean you can't just file a complaint in court if you want to sue a hospital for malpractice. For example, some states require you to have your claims evaluated by a medical expert, who will certify to the court that you have legitimate evidence of possible medical malpractice.

Can a nurse sue a hospital?

3. Determine if the doctor or nurse is an employee of the hospital. If your injury is the result of negligence on the part of a doctor or nurse, you won't be able to sue the hospital for negligence unless the doctor or nurse is classified as an employee of the hospital. A medical malpractice lawsuit against a hospital acts on the theory ...

How to contact a lawyer for a hospital infection?

Please use the form below to contact our Medical Malpractice Litigation Group or call us toll-free 24 hours a day at (866) 920-0753.

How many hospitalized patients have an infection?

According to the Centers for Disease Control (CDC), about 1 in 20 hospitalized patients develop an infection. In addition to physical pain and suffering, hospital infections be financially devastating, adding tens of thousands of dollars to the cost of treatment.

What is a hospital infection?

Healthcare-Associated Infection (HAI) are infections caused by bacteria, fungi, or viruses that occur in patients who receive medical care (surgery, catheters, ventilation, injections, etc.). According to the Centers for Disease Control (CDC), about 1 in 20 hospitalized patients develop an infection.

What is the most preventable hospital infection?

Catheter-assisted urinary tract infections : This is one of the most preventable hospital infections, because it often occurs when a catheter is left in a patient for too long. UTIs are infections of the urethra, bladder, ureters, and/or kidneys.

Can you file a lawsuit if you have an injury?

If you decide to pursue a claim, we can review your medical records to see if your injury may have been caused by an inadequate standard of care. You may qualify to file a lawsuit if evidence suggests your injury was caused by delayed diagnosis or negligence.

What does a medical power of attorney do?

A medical power of attorney picks up where the living will leaves off. Your agent will make medical decisions not covered in your living will, and will hire or fire doctors and enforce your medical wishes and court. Your agent will also have rights to visit you in the hospital and access your medical records.

What to do if you become incapacitated?

Adults who want their medical treatment preferences honored if they become incapacitated need to create legal documents that direct medical professionals on how they are to be treated. At the same time, they should also think about giving someone medical power of attorney.

When does a power of attorney become effective?

A “springing” (or “conditional”) power of attorney becomes effective when some condition is met. For example, a springing power of attorney may state that it becomes effective only when you are incapacitated. A “durable” power of attorney, by contrast, becomes effective immediately.

Can a medical power of attorney be drafted at the same time as a will?

If you do not yet have a will, then a medical power of attorney can be drafted at the same time as a will and a living will. To find a qualified estate planning attorney to help you, you should contact your state’s bar association, which runs a referral service.

Do you need a power of attorney if you are incapacitated?

As a general rule, if you become incapacitated because of illness or injury, doctors will continue to provide medical treatment to keep you alive.

What surgery did the second surgeon do to the right hand?

The second surgeon informed her that, with earlier treatment, he could have performed a nerve graft, which likely would have completely restored function to her right hand. By the time she got to him though, it was too late for that surgery.

How to contact Painter Law Firm?

Contact. Call 281-580-8800. Send a Message. Visit Us. Legal Newsletter. 281-580-8800. You have a lawyer at Painter Law Firm. When to get a second opinion after surgical complications or problems. There is a limited amount of time to repair some nerve injuries.

What is the number to call for a nerve graft?

Painter Law Firm is here to help. If you, or someone you care for, has been injured because of surgical errors or malpractice, then call 281-580-8800, for a free consultation with an experienced medical malpractice ...

What surgery did the radial nerve in the right hand get cut?

This patient eventually saw a different surgeon who informed her that her condition was permanent, and the only way to help her was with the tendon transfer surgery, which would restore some motor function in her right hand. During the corrective surgery, the second surgeon found that the radial nerve had been completely cut in two places.

What are the symptoms of neurologic surgery?

Neurological symptoms include things like loss of sensation and loss of motor function, or inability to move.

Should I seek a second opinion from a surgeon?

If your surgeon is vague and general in answering your questions, then you should consider seeking a second opinion sooner rather than later, preferably from a surgeon that practices at a different hospital or who is not part of the same practice group is the original surgeon.

Did they get a second opinion after botched surgery?

As a result, they did not get a second opinion or treatment fast enough to prevent permanent, life-changing problems caused by a botched surgery.

What to do if you disagree with a hospital?

If you disagree with aspects of your treatment or feel like your rights are being violated, you have several possible avenues, if talking directly to staff hasn't helped. One is to seek out the hospital’s ombudsman or patient advocate.

What are hospital patient rights?

Hospital patient rights encompass many other areas, such as continuity of care after discharge and rights of psychiatric patients. For detailed information, check out rights as described on the website of your state's board of health, or take a look at those from the American Hospital Association.

What are patient rights?

Fundamental patient rights include: knowing all the information pertaining to your care, being part of the decision-making process and receiving truly informed consent, says Ana Pujols McKee, executive vice president and chief medical officer of The Joint Commission, the organization that accredits hospitals.

What happens if you request treatment for a medical emergency, including active labor?

EMTALA says if you request treatment for a medical emergency, including active labor, you have the right to a medical screening examination, and the hospital must either give treatment to stabilize you, or if unable to do so, transfer you to another hospital that can.

What is the right to emergency care?

According to the Emergency Medical Treatment & Labor Act, you’re entitled to have access to emergency services, regardless of your ability to pay. EMTALA says if you request treatment for a medical emergency, including active labor, you have the right to a medical screening examination, and the hospital must either give treatment to stabilize you, or if unable to do so, transfer you to another hospital that can.

Can you name a spouse if you are unable to make a health decision?

In the event you become medically unable to make health care decisions, you’re allowed to name a person of your choice, including a spouse, relative or friend, to make medical decisions on your behalf.

Do hospital patients have the right to religious services?

Hospital patients also have the right to religious services, like chaplaincy services offered on-site. Respect encompasses your right to privacy. And it also means that if you’re in pain, you have the right to get your pain addressed.

What happens if a surgeon breaches the standard of care?

If a surgeon breaches the standard of care expected of medical professionals and the patient is injured as a result, the surgeon, staff or hospital may be liable for any resulting damages. If you or a loved one has sustained injuries due to a surgical error, you may have the option to collect compensation for your injuries.

What are some examples of surgical errors?

Some examples and causes of surgical error include: Performing surgery on the wrong part of the body; Performing unnecessary surgeries; Negligent use of surgical tools; Negligent sanitary preparation for surgery; Misreading or ignoring laboratory results; Failing to follow up with a patient after surgery;

What are the elements of medical malpractice?

An attorney can help an injured patient show the three essential elements necessary in a successful medical malpractice claim: breach of duty, injury, and damages.