How to Sue a Hospital: Step One
Are you wondering about how to sue a hospital? Have you gone into the hospital with one problem and come out with another unexpected problem? Now you’re wondering if there has been medical malpractice.
Acting quickly is important. There is a statute of limitations when suing for medical malpractice of any kind. A statute of limitations is a time limit by which you must file your lawsuit or you will be forever barred from suing.
Take away: Time is crucial.
It’s also important to name the proper defendant (s) in your lawsuit. Many hospitals are owned or operated by a corporate entity not immediately apparent. You may also need to sue the doctor or nurse who caused the problem because they may or may not be an employee of the hospital. Some doctors and nurses are independent contractors of the hospital.
It is not unusual to have to sue multiple parties when something goes wrong in a hospital. An experienced medical malpractice law firm has the resources and expertise to help you investigate what parties were involved and so much more, like who to sue and the compensation to which you may be entitled.
Take away: Know who to sue.
How to Sue a Hospital: Step Two
You think you have a case? Consider hiring a Lawyer who has a proven track record in trying medical malpractice cases and has won cases in court. It is virtually impossible to sue successfully for medical malpractice without a lawyer.
Discussing the case with an experienced lawyer will help you understand why. Here are some things to discuss:
- How to file – there are rules that govern filing a medical malpractice case, such as the requirement for a Certificate of Merit.
- How to obtain the medical records that are needed for your case. Patient portals often do not give access to the complete medical record. There are likely medical records of which you are not aware.
- How to hire qualified medical experts to prove that what happened to you was medical malpractice.
- How to calculate your damages: you may be unaware of the many intangible damages that are compensable under the law.
There is a lot to be done and doing it alone is extraordinarily difficult. Even if you or your lawyer has extensive experience in this area of the law, these matters can be complex and you will be up against experienced defense lawyers.
Take away: Consult with an experienced medical malpractice lawyer.
How to Sue a Hospital: Step Three
Perhaps you have lost wages from being out of work longer than expected. You may have planned to be out of work for days and due to medical malpractice you are now out of work weeks or months. If you knew before the procedure that you were going to be out of work for this long, you may have opted for an alternative method of treatment instead. Right?
It is important to calculate your losses that relate directly to the medical malpractice and not the original condition that brought you to the hospital. You can ask yourself some of these questions:
- How much additional money did you lose that was unexpected, and will you continue to have future wage loss?
- What are your additional medical expenses unrelated to treatment of the original condition?
- Have you suffered additional pain and suffering and has your spouse experienced a loss of consortium?
A Medical Malpractice Lawyer can help you figure all of this out.
Take away: Calculate your monetary losses due to the medical malpractice.
How to Contact a Lawyer
We will be available to listen to your story, answer your questions, and if need be, stand up for you in a court of law. We would be honored to hear your story. You can’t go it alone. Call us today, Scartelli Olszewski P.C., 877-353-0529