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.
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