Will I be able to sue for malpractice?

UPDATED: Sep 30, 2022

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Will I be able to sue for malpractice?

I went to the emergency room on Thursday for stomach pains.There I was given a pregnancy test which was positive and a pelvic exam, that’s it. I was told to take Tylenol and to go home. Saturday came around, still having severe pains I went to another hospital 15 minutes away from the original ,and was told that I needed emergency surgery due to an ectopic pregnancy. My fallopian tube had to get removed and there was internal bleeding reported in the surgery. The doctors sent me on my way without acknowledging what was going on nor doing the proper testing. I have hospital bills now from 2 hospitals, I would like the hospital to at least pay for their hospital bill.

Asked on October 6, 2016 under Malpractice Law, Florida


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

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence 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).
Prior to filing a lawsuit against the first hospital, it  may be possible to settle the case with the hospital's malpractice insurance carrier.  Notify the malpractice insurance carrier in writing of your claim.
When you complete your medical treatment and are released by the second hospital or are declared to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills (from both hospitals) medical reports (from both hospitals), and documentation of wage loss.  Your claim filed with the first hospital's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The  medical reports will document your  medical 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 first hospital's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the first hospital's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the first hospital.
If the case is NOT settled, your lawsuit for negligence against the first hospital must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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