does a patient on state health care, have the right to sue for medical malpractice?

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does a patient on state health care, have the right to sue for medical malpractice?

6 months ago approved still not getting much needed help for post major hip revision surgery physical therapy and heart disease issues unsolved
We, my wife and I, are suffering from the deliberately caused lack of immediate medical attention as was prescribed and ordered by surgeon and primary care physicians in two state

Asked on February 29, 2016 under Malpractice Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, anyone injured by malpractice has the right to sue. However, this may affect what you could sue for or collect. For example, one component of a malpractice suit is recoveirng additional out-of-pocket medical costs incured due to the malpractice; but if medical care is fully paid for by the state health care, you can't sue for this, because you did not suffer any loss. You could still sue for "pain and suffering," however, if you suffered long-lasting disability, disfigurement, or life impairment.


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