what kind of lawyer do i need to sue a hospital

Do I Need to Hire a Lawyer to Sue a Hospital? If you were injured while receiving treatment or care at a hospital, you should consult with a skilled and knowledgeable personal injury attorney. An experienced personal injury attorney can help determine who is at fault and against whom the lawsuit should be filed.

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What type of lawyer do you need to sue hospital?

Do I Need a Lawyer to Sue a Hospital? If you have been injured and want to look into suing a hospital, it would be wise to hire a personal injury lawyer to help with your case. A lawyer can review the facts and let you know what causes of action are available and can also help negotiate a settlement on your behalf.

How long does a hospital have to sue someone Fo?

Sep 29, 2011 · What kind of lawyer do I use to sue a hospital? In April my son died of a drug overdose. He was in a Las Vegas hospital for 4 days in a coma before life support was turned off by his mother my ex wife.

Can you sue a doctor without a lawyer?

Apr 24, 2020 · You need a medical malpractice lawyer to hear the details of your case and offer legal advice before you can make an educated guess on if you should sue. Most offer a free consultation and can suggest the odds of your case winning. You may need medical records, dates, records of the job-related mistakes, and more to help prove your case.

How long do I have to sue my Lawyer?

If you have a good reason and a good malpractice or negligence lawyer, you CAN sue the hospital and WIN! Hampton & King 2603 Augusta Dr, #1300, Houston, TX 77057 713-489-0993 | Call Us 24/7 Schedule Appointment

Why are hospitals being sued?

Lawsuits are filed against hospitals for a wide variety of reasons. As previously mentioned, negligence and malpractice are the most common. Some lawsuits may be for small or one-time incidents, while others are for larger or more far-reaching incidents.

What is hospital negligence?

Hospital negligence may be direct, such as: Losing, mishandling, or unlawfully transferring confidential patient records. Disregard of proper medical care standards. Due to the specific nature of a hospital environment, injuries that result in a lawsuit against the hospital often involve different areas of the law.

What are the consequences of hospital negligence?

Hospital negligence may be direct, such as: 1 Failing to ensure that all staff meet required standards for licensing, training, and education; 2 Not maintaining sufficient staff to ensure appropriate levels of patient care; and/or 3 Losing, mishandling, or unlawfully transferring confidential patient records.

What is negligence in medical malpractice?

Negligence is based on a person’s failure to do something, rather than their actual actions. However, lawsuits against hospitals may involve various legal claims and theories besides negligence. Lawsuits involving hospitals are most commonly related to some sort of medical malpractice.

What is medical malpractice?

Medical malpractice refers to the negligence of a healthcare professional resulting in the injury of a patient with whom they have, or previously had, a professional relationship. Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital.

Is a doctor considered an independent contractor?

While some doctors are employees of the hospital, many are actually legally considered to be independent contractors. This is generally the case with surgeons. What this means is that if a patient is injured while in the doctor’s care at the hospital, the hospital is not legally responsible for the injury.

Can a hospital be sued for medical malpractice?

Due to the specific nature of a hospital environment, injuries that result in a lawsuit against the hospital often involve different areas of the law. Each state has its own specific laws meant to govern medical malpractice, as well as what is required to bring a lawsuit against a hospital.

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.

What is medical malpractice?

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 the patients themselves. This article describes those steps in-depth, in the context of a medical malpractice case against a hospital. 1.

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).

What is an affidavit of merit?

A patient might have to file an affidavit of merit in which a qualified medical expert attests that the plaintiff has a valid case. A patient also might have to submit a claim to a medical review board before filing in court, or agree to some form of pre-lawsuit alternative dispute resolution (ADR).

Is a medical malpractice case a legal action?

A medical malpractice case isn't the kind of legal action you want to try handling on your own. These cases can get very complex from a legal, medical, and procedural standpoint. Proving your case is going to require not just a firm understanding of the law as it applies to your situation, but a familiarity with the kinds of hoops a medical malpractice plaintiff needs to jump through, including the retention of the right expert medical witness.

Mary Katherine Brown

I'm very sorry for your loss. As painful as this situation is for you, based upon the information you've outlined above, it doesn't appear that you have a cause of action against the hospital. Because your son was an adult, the hospital was not obligated to inform you about his condition. I am sorry...

Shoshana Kunin-Leavitt

I am so sorry for your loss. However, I agree with Ms. Brown. Unfortunately, the hospital did not have an obligation to inform you. Due to HIPAA rules and regulations, hospitals are quite strict about giving information over the phone.#N#More

Rhonda L. Wood

Laws are different state to state. I would suggest you contact a Medical Malpractice attorney in Las Vegas where the incident occurred. You will be able to get the answers you need and that will hopefully help you get some closure.#N#More

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.

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.

Can you go after a doctor for a misdiagnosis?

You may think that because your doctor made a mistake, like a misdiagnosis, you need to go after your doctor in a legal case. This will depend on a few factors:

Can you sue a hospital?

Suing a Hospital Is Different From Other Medical Malpractice Cases. In some cases, you can sue a hospital despite the doctor being an employee or a contractor. This might apply when: The hospital does not make it clear the doctor is not an employee (this is usually explained to you on the admission forms) You went to the emergency room (ER) and did ...

How much does it cost to file a lawsuit?

Although it can cost anywhere between $100 and $500 to file a lawsuit, in many if not most cases, there’s no need to pay any money upfront. (As these types of cases are usually taken on contingency.) That said, the patient may be required to pay a small fee to the hospital to acquire their medical records.

What is medical negligence?

Medical negligence. 2. Medical malpractice (A very specific type of negligence.) 3. Wrongful death (If a loved one died because of negligence.) If your reason falls into one of these categories and you want to sue your hospital, use the steps below to get the ball rolling.

Can a hospital settle out of court?

If the conditions are right, your lawyer will pursue a settlement. If the hospital realizes you’re in the right and they owe you compensation, they may choose to settle. For malpractice cases, 9 times out of 10, the hospital will settle out of court.

Can you sue a hospital?

And yes, the answer is yes: You can sue your hospital. And win. Naturally, you need a good reason. If you have one, you’ve probably already graduated from “ I want to sue the hospital” to “ how can I sue the hospital?”. If that’s the case, you’re in the right place. Because we’re going to cover precisely that.

What happens if a hospital employee is negligent?

In other words, if the employee is negligent (is not reasonably cautious when treating or dealing with a patient), the hospital will usually be on the hook for any resulting harm to the patient. (Keep in mind that not every mistake or unfortunate event that happens in a hospital rises to the level of negligence.

What is a hospital responsible for?

A number of states hold the hospital responsible if the facility gives staff privileges to an incompetent or dangerous doctor, even if the doctor is an independent contractor. The hospital can also be responsible if it should have known that a previously safe doctor had become incompetent or dangerous. For example, if a doctor is abusing alcohol ...

Can a hospital sue for malpractice?

This means that ER patients can often sue the hospital for a doctor's medical malpractice. There are also a few states that say a hospital can be sued for emergency room malpractice regardless of what the patient believed ...

Is a doctor considered an employee?

Whether a doctor is a hospital employee depends on the nature of his or her relationship with the facility. Though some doctors are hospital employees, most are not. Non-employee doctors are usually classified as "independent contractors" in the eyes of the law, which means that the hospital cannot be held responsible for ...

What are some examples of emergency room negligence?

Examples of emergency room negligence include: Misreading charts, x-rays, or MRIs. Failing to diagnose a condition. Making an incorrect or delayed diagnosis. Making medication errors.

What is medical malpractice?

Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.

What is post operative care?

Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice.

Can a hospital be sued for malpractice?

In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education.

What is a breach of duty?

Breach of Duty: The physician must have violated their duty to the patient.

Can a hospital be held liable for medical malpractice?

Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.

Can MRIs be misused?

Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings.

Bruce Ward Bain

Please use the find a lawyer feature above and search for a Medical Malpractice Litigation lawyer.

Roy D. Wasson

Although the sub-category of lawyer you need is medical malpractice, the general category is Civil Trial Lawyer.

Coleman Peter Hengesbach

Reach out to a personal injury attorney who specializes in medical malpractice. They will be in the best position to evaluate your case and advise you of any cause of actions you may have. Best of luck.

Dennis Michael Phillips

If the doctor fell below the standard of care, then you would want a medical negligence (aka medical malpractice) attorney. Be advised that med-mal claims are expensive and very difficult to prove - and that's if the treating doctor has insurance to pay the claim.

Christian K. Lassen II

The type of lawyer is called a medical malpractice lawyer. Avvo has a great "find a lawyer" tool to locate a local lawyer.

Mark Theodore Tischhauser

Medical Malpractice lawyer - but don't hold your breath. Patients that hurt themselves that have long standing substance abuse problems and/or mental issues do not usually make good med-mal plaintiffs or cases unless there is some outrageous conduct by doctors.