who are the best attorney to sue stanford hospital

by Hailey Dach 4 min read

Do I need to hire a lawyer to sue a hospital?

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 ...

Can you sue a hospital for unfair medical care?

Apr 24, 2020 · Reasons You Can Sue a Hospital. You can decide to file a lawsuit against a hospital for injuries you suffered as a result of problems such as: Wrong diagnosis or medical treatment from medical experts. The wrong medication was given to you. Mistakes made by medical technicians (failure to sanitize equipment, etc.)

Which hospitals are being sued for harassment and discrimination?

An experienced personal injury attorney can help determine who is at fault and against whom the lawsuit should be filed. An attorney will also be able to determine if you have a valid claim, and your best legal course of action. Finally, an attorney will also be able to negotiate a settlement on your behalf, and represent you in court as needed.

Can I sue the hospital where I work for bad behavior?

You've come to the right place. If you (or a loved one) suffered an injury based on a bad diagnosis, botched surgery, doctor fraud, prescription error, or breach of doctor-patient confidentiality, a medical malpractice lawyer can help. Medical malpractice lawyers may also defend you if you are a medical professional who was sued for malpractice.

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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.

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.

Can you go after a doctor for a misdiagnosis?

You may think that because your doctor made a mistake, like a misdiagnosis, you need to go after your doctor in a legal case. This will depend on a few factors:

Can you sue a hospital?

Suing a Hospital Is Different From Other Medical Malpractice Cases. In some cases, you can sue a hospital despite the doctor being an employee or a contractor. This might apply when: The hospital does not make it clear the doctor is not an employee (this is usually explained to you on the admission forms) You went to the emergency room (ER) and did ...

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.

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 are the consequences of hospital negligence?

Hospital negligence may be direct, such as: 1 Failing to ensure that all staff meet required standards for licensing, training, and education; 2 Not maintaining sufficient staff to ensure appropriate levels of patient care; and/or 3 Losing, mishandling, or unlawfully transferring confidential patient records.

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 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.

Is a doctor considered an independent contractor?

While some doctors are employees of the hospital, many are actually legally considered to be independent contractors. This is generally the case with surgeons. What this means is that if a patient is injured while in the doctor’s care at the hospital, the hospital is not legally responsible for the injury.

Can a hospital be sued for medical malpractice?

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. Each state has its own specific laws meant to govern medical malpractice, as well as what is required to bring a lawsuit against a hospital.

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.

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.

Can a hospital settle out of court?

If the conditions are right, your lawyer will pursue a settlement. If the hospital realizes you’re in the right and they owe you compensation, they may choose to settle. For malpractice cases, 9 times out of 10, the hospital will settle out of court.

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.

Why Choose Burnetti, P.A. For Your Medical Malpractice Attorney?

Most healthcare professionals have an attorney on hand to represent them and they might have previously encountered malpractice suits. It is imperative that you select a medical malpractice attorney who has successfully handled Tampa malpractice claims.

What Your Burnetti, P.A., Medical Malpractice Attorney Will Do For You?

If the negligence of a medical provider caused you injury, our medical malpractice attorney might be able to help you proceed with a lawsuit so you can get compensated for your damages. We will prepare your Tampa legal claim by:

What Is Considered Medical Malpractice In Tampa?

When a patient suffers injuries because of a medical professional’s negligence, a lawsuit might help recover damages. In Florida, the injured party must prove these four elements to have a successful medical malpractice claim:

Medical Malpractice Case Example

Here is a hypothetical scenario regarding medical malpractice. If you go to the nearest emergency room suffering from stomach pains, a medical provider will question you about your symptoms. This doctor will then determine what treatment should be administered. You have now established a doctor – patient relationship.

Damages Suffered Because Of Medical Malpractice

Damages for medical malpractice claims are designed to provide compensation for the patient’s harm resulting from the medical provider’s negligence and an experienced medical malpractice attorney can get you a better settlement. In fact, the more experience the medical malpractice attorney has the better settlement you are likely to win.

What Is Medical Negligence?

Medical negligence involves hospital error, committed by the hospital or physician negligence resulting in medical errors. Hospital error can be in the form of leaving a contaminated piece of equipment around and causing injury to a patient, or not cleaning an instrument properly thus causing infection.

Florida Medical Malpractice Statute Of Limitations

There is a statute of limitations according to laws in certain states. This means there is a limited amount of time in which someone who is hurt can proceed with a medical malpractice claim against the negligent medical provider.

What is it called when a doctor is not employed?

Doctors who are not employed by a hospital are known as independent contractors, which usually means that the hospital cannot be held liable for their actions, even if the medical malpractice occurred in their facility. However, there are some exceptions to this.

Can a hospital be sued for malpractice?

If the hospital fails to clarify that the doctor is not their employee, you can sue the hospital for the doctor’s malpractice. If the malpractice occur red in the emergency room , the hospital generally does not have a chance to inform the patient of a doctor’s status and, therefore, cannot be sued for the negligence of an independent contractor.

Is a hospital liable for negligence?

If your injury was caused by a healthcare professional employed by the hospital you are admitted to, the hospital is usually liable for the actions of that employee and any injuries you sustain due to their negligence. For example, if a registered nurse employed by the hospital administers the wrong medication, resulting in harm to the patient, the hospital can be held liable for that mistake.

Who is Sanford Rubenstein?

Attorney Sanford Rubenstein, recently featured in a cover story in “Resident” magazine, in which he was described as “A Champion for The People,” is one of New York’s most sought after advocates for victim’s rights in personal injury, medical malpractice and civil rights matters. Described by the Melvin Belli Society of ATLA as one of the Nation’s top trial lawyers, he has been described by New York Post’s Page Six as “a high powered personal injury lawyer,” and by the New York Daily News as a “famed attorney”. He has also been called a “legend” by television personality Wendy Williams. In 2019, he was named as one of New York State’s most influential lawyers by City & State New York Magazine and received the National Bar Association’s Judicial Council Chair’s Award for Civil Rights.

Who was Johnnie Cochran Jr.?

He was the first recipient of the Johnnie Cochran Jr. Justice Award, an honor of special meaning to him as the late Johnnie Cochran Jr. was his mentor. In 2016, he was elected to the Fellows of the New York Bar Foundation, an honor recognizing his career of outstanding professional achievements as an attorney.

What is the burden of proof in a medical malpractice lawsuit?

In a medical malpractice lawsuit, the burden of proof rests on the plaintiff to establish that a medical provider breached a reasonable “standard of care.” According to Florida statutes on medical malpractice, “The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

What does it mean when a patient is injured?

When a patient is injured or becomes ill while under the care of a healthcare professional, they must determine if they have grounds for a medical malpractice claim. An unfavorable medical result alone does not constitute medical malpractice.

How long do you have to file a medical malpractice claim in Florida?

Victims of medical malpractice only have 2 years from the date the injury is discovered to file a claim, or no longer than 4 years after the medical negligence occurred .

What are the elements of a malpractice case?

The four elements of a successful medical malpractice case include: Establishing a legitimate patient-doctor relationship. Proving that the medical provider neglected to provide a reasonable standard of care. Showing that this negligence directly led to the patient’s injuries or illness.

Is medical malpractice common in Tampa?

Despite the legal protections granted to Florida patients, medical malpractice is unfortunately as common in Tampa as it is throughout the country. Malpractice claims are routinely waged against hospitals, doctors and manufacturers for injuries resulting from: Surgical Mistakes. Defective medical devices. Dangerous Drugs.

Is nursing home abuse a problem?

Nursing home abuse and neglect is a growing problem in the United States – that’s a sad reality. With the high population of senior citizens in Florida and the number of elderly care facilities or nursing homes scattered around the state, it’s no surprise that cases of negligence and mistreatment are common.

Can a doctor be held liable for a mistake?

However, that fact shouldn’t excuse them from being held liable for serious injuries or death resulting from such a costly mistake.

What is Stanford University Medical Center?

Stanford University Medical Center is a hospital complex that was ranked 13th on the Honor Roll list of Best Hospitals. It involves the Children’s Hospital and Stanford Health Care center. The hospital is also used as a teaching space for students who attend Stanford University School of Medicine.

What are the early phases of clinical trials?

The early phases of clinical trials are the first and the second one. Healthy volunteers are usually required for the first phase of a clinical trial. The risks are the highest during the early phases, and this is why compensation for participation is offered.

Is Stanford University a good research university?

Stanford University is considered to be one of the best research centers in the U.S., and it is one of the top five universities in the world. It’s no wonder that you want to participate in clinical trials conducted by Stanford’s expert staff!

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1 – Check Your Statute of Limitations

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Every state has their own statute of limitations (a specific period of time where you’re able to file a lawsuit). So if you want to sue the hospital, it’s important to check your state’s specific limitations. Because if you’re suing a hospital, you may have less time than if you were suing an individual.In some states, you only get a …
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2 – Find Out Who to Sue. and Why. and…

  • “I want to sue the hospital” may be a great place to start. But “I want to sue my doctor” might be even better. Which is your best bet? You want answers, and you need them. Especially in this step toward compensation. Was the injury the result of negligence? Maybe someone wasn’t doing their job, wasn’t truthful about a complication, or maybe the hospital’s equipment was faulty? Let’s sta…
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3 – Consult Your Attorney

  • Keep this in mind — when you sue a hospital, whether it’s for malpractice, negligence or wrongful death, you’re taking on a professional team of hospital law attorneys. This is a far cry from their first rodeo. It probably goes without saying, but I’ll say it anyway — if you want to win and get the most money out of the hospital and into your pocket, you need to find a good lawyer with the rig…
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4 – File Your Complaint Against The Hospital

  • This is where your lawyer files the complaint with your state court. This complaint is pretty much exactly what it sounds like it is. It’s an official complaint against the hospital including what they did wrong, and the amount of money you expect as payment for the damage done. Next, it’s off to the races! Starting with what may be the most molasses-slow, tedious game you’ve ever played. …
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5 – Do The Discovery

  • What’s discovery, you ask? It’s a somewhat intrusive process where their team interrogates you and gathers evidence from your team. Your team does the same to them. This is a very good thing because it gives your lawyer the chance to gather convincing information to win your case with. And that brings us to the final phase in our hospital-suing journey: The trial.
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6 – Get Paid

  • After your lawyer investigates, and you file your complaint, and complete discovery, now it’s time (ideally) to get paid. If the conditions are right, your lawyer will pursue a settlement. If the hospital realizes you’re in the right and they owe you compensation, they may choose to settle. For malpractice cases, 9 times out of 10, the hospital will settle out of court. If they do, your attorney…
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7 – Prep & Get to That Trial

  • Your lawyer and the rest of the team will hold pre-trial conferences with you (and your witnesses and experts too), to make sure everyone’s on the same page and knows exactly what to expect. That way, by the time you get to the trial, you’ll be well-prepped and ready to win your case. At the end of your trial the jury will make their decision. If they decide in your favor, congrats, you win! Y…
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Hospital Lawsuits FAQs

  • Is it hard to sue a hospital?
    Although proving medical malpractice can be challenging, settling is much easier in most cases. 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 malp…
  • How much does it cost to sue a hospital?
    Although it cancost 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 …
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