Can you sue a hospital for not diagnosing a medical issue after 3 months of emergency room visits?

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Can you sue a hospital for not diagnosing a medical issue after 3 months of emergency room visits?

Asked on August 3, 2013 under Malpractice Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It would be advisable to be examined by another doctor, who can also review your medical records before filing a lawsuit against the hospital.  If the doctor writes a report supporting a malpractice claim, proceed with the case.

Medical malpractice is negligence.  Negligence on the part of the hospital is the failure to exercise due care, that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm.

It may be possible to settle the case with the hospital's insurance carrier.  Your claim filed with the hospital's insurance carrier should include your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury/condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the hospital's insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the hospital.

If the case is NOT settled with the hospital's insurance carrier, your lawsuit for negligence against the hospital must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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