If I developed permanent lymphedema after shoulder surgery and it turns out I was injured by one of the assistants,.would that mean I would have to file a case against the hospital or the doctor or both?

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If I developed permanent lymphedema after shoulder surgery and it turns out I was injured by one of the assistants,.would that mean I would have to file a case against the hospital or the doctor or both?

The doctor does think it was caused by the surgery and is running tests to try to determine what went wrong.

Asked on May 28, 2015 under Malpractice Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

To paraphrase an old saying, "Sue 'em all and let the courts sort them out." By that, I mean that it is not your duty, as the injured party, to determine in advance which of several possible tortfeasors (persons who may have caused you harm) did in fact injure you. Rather, you sue everyone who you reasonably beleive in good faith *may* have caused or contributed to the injury; they will then each have the opportunity to show that they were not the one at fault but rather than another of the defendants may be responsible. So in a case like you describe, you would sue the doctor, the hospital, and the assistant.


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