what kind of attorney would i need to sue a hospital

Do I Need to Hire a Lawyer to Sue a Hospital? If you were injured while receiving treatment or care at a hospital, you should consult with a skilled and knowledgeable personal injury attorney. An experienced personal injury attorney can help determine who is at fault and against whom the lawsuit should be filed.

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Can patients sue a hospital for negligence?

May 04, 2015 · The hospital and other supporting staff involved in treatment are usually just additional parties. A personal injury lawyer can help you decide whether to just sue a hospital or name other defendants as well. What are the Main Theories to Sue a Hospital? The most common legal theory used to sue a hospital is medical malpractice. Medical malpractice is when a …

How to sue a hospital for malpractice?

Apr 24, 2020 · You need a medical malpractice lawyer to hear the details of your case and offer legal advice before you can make an educated guess on if you should sue. Most offer a free consultation and can suggest the odds of your case winning. You may need medical records, dates, records of the job-related mistakes, and more to help prove your case.

Can I sue a hospital?

Sep 29, 2011 · Family Law Attorney in Las Vegas, NV. Reveal number. tel: (702) 438-8060. Private message. Call. Message. Posted on Sep 29, 2011. Laws are different state to state. I would suggest you contact a Medical Malpractice attorney in Las Vegas where the incident occurred.

How to sue a hospital?

Mar 08, 2013 · If you were injured while receiving treatment or care at a hospital, you should consult with a skilled and knowledgeable personal injury attorney. An experienced personal injury attorney can help determine who is at fault and against whom the lawsuit should be filed.

What Is Medical Malpractice?

Medical malpractice takes place when a healthcare provider provides treatment that falls below the accepted standard of care in the medical communi...

Examples of Medical Malpractice

Patients can be victims of medical malpractice in a variety of different ways. Below are some examples.Anesthesia ErrorsAnesthesia errors are one a...

How Do You Know If You Have A Medical Malpractice Case?

You might be asking yourself, “How do I know if I have a medical malpractice case?” or “How Can I Prove a Medical Malpractice Case?” If you’re cons...

Damages in A Medical Malpractice Case

Although we touched on medical malpractice damages above, here is some more detailed information on the type of damages in a medical malpractice ca...

What Does A Medical Malpractice Attorney do?

If you’ve determined that you might have a medical malpractice case, you probably have some questions: How do I choose a good attorney and what can...

How Long Do You Have to File A Lawsuit For Medical Malpractice?

Under laws in certain states, a statute of limitations limits the amount of time under which an injured patient may pursue a medical malpractice la...

Why Morgan & Morgan Has Won Millions For Injured Patients

Our attorneys at Morgan & Morgan have recovered millions of dollars for injured patients, because we’ve been doing this a long time. We know what t...

Why is it important to bring all potentially responsible parties to a medical malpractice suit?

It is critical that all potentially-responsible parties be brought to the suit, because it may not be possible to go back later to add a party. 7. Comply With any Procedural Rules. Many states require patients to jump through a few hoops before filing medical malpractice lawsuits.

What is an affidavit of merit?

A patient might have to file an affidavit of merit in which a qualified medical expert attests that the plaintiff has a valid case. A patient also might have to submit a claim to a medical review board before filing in court, or agree to some form of pre-lawsuit alternative dispute resolution (ADR).

What happens when a hospital makes a mistake?

When a hospital makes a mistake that rises to the level of medical malpractice, a patient has a legal right to receive compensation for any resulting injuries. While medical malpractice laws are designed to protect the rights of patients who have been subjected to substandard medical care, the first step in asserting those rights must be taken by ...

What is the statute of limitations for medical malpractice?

1. Act Before The Statute of Limitations Deadline Passes. The biggest mistake a patient can make is waiting too long to file a medical malpractice lawsuit in court. Statutory time limits (called "statutes of limitations" in legalese) require patients to file legal claims promptly.

What happens if a lawyer loses a case?

If the lawyer loses the case, the lawyer usually is not paid, though the client may be on the hook for certain costs. 3.

How long do hospitals keep medical records?

A hospital must keep every patient's medical records for at least a few years after treatment . Upon request, the hospital must give copies of the records to the patient (however, the hospital may charge a fee for copying expenses).

Is a medical malpractice case a legal action?

A medical malpractice case isn't the kind of legal action you want to try handling on your own. These cases can get very complex from a legal, medical, and procedural standpoint. Proving your case is going to require not just a firm understanding of the law as it applies to your situation, but a familiarity with the kinds of hoops a medical malpractice plaintiff needs to jump through, including the retention of the right expert medical witness.

What happens if you sue a doctor?

When you sue the doctor or hospital, you will often be dealing with their insurance company. In rare cases, a doctor may lose their license or go to jail. Or, a hospital could be shut down. But generally, you are suing their insurance company to compensate you for your suffering.

How long do you have to sue a hospital for negligence?

Discrimination (a staff member refusing to treat you do to your race, sexual orientation, your nation of origin, etc.) You generally have between two to six years to sue for hospital negligence. This is called the statute of limitations, and it varies by state.

What do you need to prove medical malpractice?

You may need medical records, dates, records of the job-related mistakes, and more to help prove your case. Your personal injury attorney will handle the medical malpractice lawsuit and will tell you exactly what they need. Without their expertise, it can be hard to know what information is relevant.

What to do if you are told something is wrong?

If your instincts are telling you something is wrong, then you should investigate your case. A personal injury lawyer is going to be the best person to have on your side when you seek justice from a hospital — you deserve justice when a hospital makes a mistake with your illness or injury.

What happens if a hospital gives you the wrong treatment?

If a hospital gives you the wrong treatment, their staff makes the wrong call, or a loved one dies in their care, you may have options to sue. Although medical professionals may be the ones who actually made the mistake, the hospital is responsible for its employees and their training. If, however, the doctor who injured you is an independent ...

What is a negligent action in healthcare?

Dangerous or negligent actions by hospital staff (reusing equipment or needles, leaving floors wet, stealing or abusing medications) Wrongful death of a family member.

Why was Duke University Hospital sued?

Duke University Hospital was sued in 2003 for never checking the blood type of an organ donor and the recipient before surgery. Rhode Island Hospital performed operations on the wrong part of three patients' heads in 2007. In a 1995 case, the wrong leg was amputated during surgery.

Mary Katherine Brown

I'm very sorry for your loss. As painful as this situation is for you, based upon the information you've outlined above, it doesn't appear that you have a cause of action against the hospital. Because your son was an adult, the hospital was not obligated to inform you about his condition. I am sorry...

Shoshana Kunin-Leavitt

I am so sorry for your loss. However, I agree with Ms. Brown. Unfortunately, the hospital did not have an obligation to inform you. Due to HIPAA rules and regulations, hospitals are quite strict about giving information over the phone.#N#More

Rhonda L. Wood

Laws are different state to state. I would suggest you contact a Medical Malpractice attorney in Las Vegas where the incident occurred. You will be able to get the answers you need and that will hopefully help you get some closure.#N#More

What are some examples of hospital lawsuits?

Some common examples of a hospital lawsuit include but may not be limited to: Emergency room malpractice; Refusing to admit or treat a patient without adhering to proper denial protocol;

Why are hospitals being sued?

Lawsuits are filed against hospitals for a wide variety of reasons. As previously mentioned, negligence and malpractice are the most common. Some lawsuits may be for small or one-time incidents, while others are for larger or more far-reaching incidents.

How is a hospital lawsuit different from a malpractice suit?

Hospital lawsuits are different from malpractice suits against an individual doctor, as proceeding in the lawsuit against a corporation is different than suing an individual. For example, when initiating a lawsuit against an individual, you may serve them directly with your lawsuit.

What is medical malpractice?

Medical malpractice refers to the negligence of a healthcare professional resulting in the injury of a patient with whom they have, or previously had, a professional relationship. Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital.

What is hospital lawsuit?

In general, hospital lawsuits are personal injury lawsuits arising from injuries suffered by a patient. Those injuries are usually based on negligence, or a failure to use reasonable care which results in the damage or injury of another person. Negligence is based on a person’s failure to do something, rather than their actual actions.

What is hospital negligence?

Hospital negligence may be direct, such as: Losing, mishandling, or unlawfully transferring confidential patient records. Disregard of proper medical care standards. Due to the specific nature of a hospital environment, injuries that result in a lawsuit against the hospital often involve different areas of the law.

What is negligence in medical malpractice?

Negligence is based on a person’s failure to do something, rather than their actual actions. However, lawsuits against hospitals may involve various legal claims and theories besides negligence. Lawsuits involving hospitals are most commonly related to some sort of medical malpractice.

What is medical negligence?

Medical negligence. 2. Medical malpractice (A very specific type of negligence.) 3. Wrongful death (If a loved one died because of negligence.) If your reason falls into one of these categories and you want to sue your hospital, use the steps below to get the ball rolling.

How much does it cost to file a lawsuit?

Although it can cost anywhere between $100 and $500 to file a lawsuit, in many if not most cases, there’s no need to pay any money upfront. (As these types of cases are usually taken on contingency.) That said, the patient may be required to pay a small fee to the hospital to acquire their medical records.

Can you sue a hospital for treating you poorly?

To successfully sue the hospital for treating you poorly, you have to meet the right criteria. If the negligence of the hospital results in clear damage to your physical health, mental health, or financial health, you may have a good case. But as the patient, you must demonstrate how (as well as to what extent) you were harmed due to ...

Is it easier to sue a hospital for malpractice?

In fact, about 93% of malpractice cases do not go to trial, and instead, are settled out of court. In these cases, it’s not nearly as difficult to sue the hospital as you might think. Now, to prove malpractice, it’s mandatory to demonstrate ...

Can you sue a hospital?

And yes, the answer is yes: You can sue your hospital. And win. Naturally, you need a good reason. If you have one, you’ve probably already graduated from “ I want to sue the hospital” to “ how can I sue the hospital?”. If that’s the case, you’re in the right place. Because we’re going to cover precisely that.

Can a hospital settle a malpractice case?

For malpractice cases, 9 times out of 10, the hospital will settle out of court. If they do, your attorney, the hospital and you will reach an agreement and settle for a fair sum of money.

What are some examples of negligence by an anesthesiologist?

Some examples of negligence by an anesthesiologist include: Administering the wrong type of dose of anesthesia. Administering anesthesia too late.

What is medical malpractice?

Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.

What is the difference between regional and general anesthesia?

They don’t feel any pain or remember the procedure afterward. Regional: Regional anesthesia numbs a specific part of the body , such as an arm or leg. Local: Local anesthesia numbs one small area of the body.

What is local anesthesia?

Local: Local anesthesia numbs one small area of the body. For example, it may be given to relieve a patient’s pain while a deep cut is sewn. Each type of anesthesia carries the risk of complications. One of the most common and serious complications is anesthesia awareness, also known as intraoperative awareness.

What is post operative care?

Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice.

What is the Causation of Duty?

Causation: The patient must prove that the breach of duty was directly responsible for their injury. Damages: The injury must have caused economic or non-economic damages. For example, the patient may have incurred additional medical bills or endured emotional suffering.

What is a breach of duty?

Breach of Duty: The physician must have violated their duty to the patient.

What to do if a hospital is not successful?

If that effort isn't successful, they'll file a complaint with your local state court. The complaint contains allegations against the hospital and includes your claim for damages, typically monetary damages. Your attorney will get information from you to help you decide how much money you should demand.

What to do if a loved one dies in a hospital?

If a loved one died in the hospital as a result of negligence, you also may have the option of suing the hospital for wrongful death. In all of these cases, hiring an attorney is practically essential to a successful resolution of your claim. Steps.

What happens at a hospital deposition?

At a deposition, the hospital's attorneys will interview you on the record and ask you questions related to your claim and your medical condition. These interviews can be extremely stressful, and may get confrontational.

Can you sue a hospital for malpractice?

These laws mean you can't just file a complaint in court if you want to sue a hospital for malpractice. For example, some states require you to have your claims evaluated by a medical expert, who will certify to the court that you have legitimate evidence of possible medical malpractice.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 26,361 times.

Can a nurse sue a hospital?

3. Determine if the doctor or nurse is an employee of the hospital. If your injury is the result of negligence on the part of a doctor or nurse, you won't be able to sue the hospital for negligence unless the doctor or nurse is classified as an employee of the hospital. A medical malpractice lawsuit against a hospital acts on the theory ...

1 attorney answer

I do not practice in your state. You are named in a lawsuit and even if it doesn't make sense to you how the case is plead ( whose names are on the caption) you need to defend yourself or get someone to help you. The summons should have a deadline for a written response to the court and the other side...

Shawn B Alexander

I do not practice in your state. You are named in a lawsuit and even if it doesn't make sense to you how the case is plead ( whose names are on the caption) you need to defend yourself or get someone to help you. The summons should have a deadline for a written response to the court and the other side...

What is a lawyer?

Broadly speaking a lawyer is an expert on the legal system – they understand the laws of the US, state,and locality they practice in (and sometimes other locations). That being said, the laws of our land are incredibly complex, so lawyers (like medical professionals) specialize in specific areas of the law.

What is a medical billing advocate?

Medical billing advocates are experts on medical bills and the medical billing system on both the insurance and medical provider side.

What is advocate pricing?

Advocate pricing is generally lower than attorneys and they deal with medical billing issues for a living. Experienced advocates have often worked through hundreds of cases and will quickly understand the best path forward to lowering your medical bills.

What is billing error?

Billing Errors: reviewing medical bills for correctness. This can range from charging for services not provided, upcoding, or unbundling to pushing back against balance billing. They’ll find these errors and then fight with the medical provider to have them correct so you’re not paying for anything you shouldn’t be.

How long does it take to talk to an attorney about a case?

If you’re still not sure which way to go – start calling Advocates and Attorneys and asking for advice. They should be willing to spend 15-20 minutes talking through your case and give advice on the best path forward. Finally, you can give us a call at 877-245-4244.

Can medical billing advocates provide legal advice?

While often expensive, lawyers are experts at navigating the legal system. In fact, medical billing advocates often cannot provide legal advice in a situation as doing so may be the unauthorized practice of law. They can and will use the court system to maximize your benefit.

Is a medical billing advocate better than another?

One is not necessarily better than the other and its important to consider how the advocate fits with your situation (a good advocate should be able to tell you).

1 – Check Your Statute of Limitations

See more on hamptonking.com

2 – Find Out Who to Sue. and Why. and…

3 – Consult Your Attorney

4 – File Your Complaint Against The Hospital

5 – Do The Discovery

6 – Get Paid

7 – Prep & Get to That Trial

Hospital Lawsuits FAQs