How do you know if you have a valid claim for a malpractice suit?
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How do you know if you have a valid claim for a malpractice suit?
I had my gallbladder removed after finding out that I had a gallstone. The doctor took it out and 2 hours later told me to go home. After 2 weeks I was throwing up and went to the ER with a heart rate of 220; after tests he said nothing was wrong and sent me home. Months later I went back with the same problems and he again told me that nothing was wrong. I was told to go on anti-depressants. Turns out that I have a staple that fell off and impacted and formed a cyst around my intestines 6 inches from the initial surgery. I’ve had major pain and suffering and I’m only 16.
Asked on July 31, 2011 California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Sorry to hear about your medical condition.
Medical malpractice is negligence which is the failure to exercise due care (that degree of care in this case that a reasonable physician in the same community would have exercised under the same or similar circumstances to prevent foreseeable injury). The staple falling off would appear to be malpractice. Since you are a minor, your parents should obtain your medical bills and medical reports. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering. Compensation for the medical bills is straight reimbursement. Compensation for pain and suffering is an amount in addition to the medical bills.
In addition to the doctor, the hospital where the surgery occurred is also liable. You will need to have one of your parents appointed guardian ad litem to pursue the claim and lawsuit on your behalf since you are a minor. If the claim is not settled with the insurance carriers for the hospital and doctor, a lawsuit for negligence will need to be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. If the claim is settled with the insurance companies for both hospital and doctor, no lawsuit is filed. If the claim is only settled with one party's insurance company, the lawsuit would be filed against the other party.
When your claim is filed with the insurance carriers, if you are dissatisfied with settlement offers from the insurance, proceed with your lawsuit. Your claim will consist of the medical bills and medical reports and if applicable, documentation of wage loss.
It would be advisable to speak with a personal injury/medical malpractice attorney.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Sorry to hear about your medical condition.
Medical malpractice is negligence which is the failure to exercise due care (that degree of care in this case that a reasonable physician in the same community would have exercised under the same or similar circumstances to prevent foreseeable injury). The staple falling off would appear to be malpractice. Since you are a minor, your parents should obtain your medical bills and medical reports. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering. Compensation for the medical bills is straight reimbursement. Compensation for pain and suffering is an amount in addition to the medical bills.
In addition to the doctor, the hospital where the surgery occurred is also liable. You will need to have one of your parents appointed guardian ad litem to pursue the claim and lawsuit on your behalf since you are a minor. If the claim is not settled with the insurance carriers for the hospital and doctor, a lawsuit for negligence will need to be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. If the claim is settled with the insurance companies for both hospital and doctor, no lawsuit is filed. If the claim is only settled with one party's insurance company, the lawsuit would be filed against the other party.
When your claim is filed with the insurance carriers, if you are dissatisfied with settlement offers from the insurance, proceed with your lawsuit. Your claim will consist of the medical bills and medical reports and if applicable, documentation of wage loss.
It would be advisable to speak with a personal injury/medical malpractice attorney.
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