How to Sue a Doctor in Florida, USA?
It’s a scary proposition: You put your faith in the hands of a physician only to be injured or harmed in the process. The fact that it happens often is not calming in any way. For instance, a reported 98,000 patients die annually as a result of medical malpractice. Another study shows 134,000 Medicare patients each month have an “adverse event” where they are injured in some way by doctors or medical staff. Unfortunately, if you are harmed in some way by your physician, then you have certain steps that you absolutely must take if you want to get some form of justice or compensation for suing a doctor. Here’s an idea of what you have to do if you are injured by your physician.
Suing a Doctor or Hospital for Malpractice Read This:
What to do If you have been injured by a doctor in dental malpractice?
If you have been injured by a doctor in dental malpractice, then the first step you MUST take is to request a copy of your medical records to sue a doctor. This may be a little difficult, because some offices may try to stall or stonewall you. They will also charge you a copying fee for doing this, so be prepared. However, federal law states they must provide you with a copy of your records if you request it. These files may contain information about what went wrong with your treatment to cause the injury in question. That is why it is necessary to get a copy as soon as possible. (It should also be requested quickly after the incident because some records can be altered.)
How To Get A Copy of your Medical Record?
Simply contact the doctor’s office and ask for a copy of everything. This should include all notes from the doctor and other staff as well as lab work and medical imaging such as X-Rays or CAT-Scans. If the incident occurred at a hospital, check with their medical records department for this information. If you are involved in this and need legal help call our Fort Myers personal injury lawyer.
Medical Negligence Lawsuit
If the medical incident that injured you occurred at a hospital, such as with a botched surgery or a post-operative infection, then you must inform the hospital as well. This will launch an internal investigation into the incident. When you contact the hospital, you should also inform them that you want to be included in the investigation. They should contact you about providing your side of the story on the record. This can also help with later litigation as the hospital may uncover evidence during this investigation to sue a doctor or hospital for a medical negligence lawsuit.
Patients Can Die As a Result of These “Adverse Events”
Unfortunately, patients can die as a result of these “adverse events.” If your loved one is one of the 98,000 patients who die annually as a result of medical malpractice, then you still have to take steps. First, you should contact the local medical examiner to set up a forensic autopsy. Sometimes, they will do this on their own as there are specific local laws that may require such an autopsy. If they do not, however, you may have to pay for the autopsy yourself with an independent pathologist. Regardless, it is a good idea to have such a procedure performed along with accompanying toxicology tests to determine the cause of death and uncover any evidence of possible wrongdoing or malpractice. For this, you need a lawyer to sue a hospital.
Suing a Doctor for Medical Malpractice
If you or someone you love has been injured by a doctor, you should also contact an attorney for a medical negligence lawsuit. However, you must realize that they may not take your case. The standard of proof for medical malpractice is much higher than most people realize. It is not possible to file a medical malpractice lawsuit over just anything and expect a multi-million dollar payout. But you should talk to an experienced lawyer to sue the hospital to see what they can do with your case and also to see if they can help you sue a doctor or hospital after the incident.
How do I file a medical malpractice claim against a doctor?
After you have done everything else, you should also meet with your doctor or the hospital officials. Even if you are not going to bring a medical malpractice case, you should try to negotiate with them one-on-one to see if they will waive some of your medical bills or compensate you in some way. You should bring an attorney with you if possible, but always remember that you should never sign any kind of legal document or waiver without an attorney looking it over first. Florida medical malpractice attorney helps to file a malpractice claim against a doctor.
Finally, you should also report the incident to a state regulatory agency for further investigation and possible punitive action. Although many of these punishments will be less than what you may want, it still creates a paper trail that can be presented as evidence in a civil case. Doctors and nurses should be reported to their regulatory boards. State health departments are in charge of hospitals and nursing homes, so they should be contacted if the incident occurred at one of these sites.
Doctors Say “I’m Sorry” To Reduce The Number Of Medical Malpractice Lawsuits
In an article called, “Why is it so hard for doctors to apologize?” in The Boston Globe they said, “Fixing a system built on blame and revenge will require bold ways of analyzing mistakes and a radical embrace of openness.” They found some interesting cases of how far saying “I’m sorry” and acknowledging mistakes can go when it comes to doctor/patient relationships.
Read the Story of Danielle Bellerose
After losing a premature baby due to necrotizing enterocolitis, a devastating intestinal complication that affects premature babies, just 8 days after delivery at the Beth Israel Deaconess Medical Center, bereft mother Danielle Bellerose, was looking for answers to her question, “Why had no one diagnosed her daughter’s condition sooner?”
After three requests to meet with Beth Israel caregivers and a series of broken promises no meeting ever materialized. When Danielle contacted the hospital to get her daughter’s medical records and a clerk said that no such patient had ever been treated (a problem later attributed to a paperwork error) Danielle started to fear the hospital was hiding behind a mistake and retained a malpractice attorney experienced in handling birth injury cases.
Kind Of Lawyer to Sue Hospital
Hospital negligence in the treatment of patients has become a growing issue of concern for public health officials. Problems involving patient mistreatment, diagnosis errors, and long-term injuries sustained by patients during hospital care are leading many people to sue a hospital for pain and suffering, negligence, and other personal and financial damages. A Fort Lauderdale personal injury lawyer or criminal lawyer can help you with a hospital lawsuit settlement in such cases.
If You Have Issues With Healthcare Provision Contact Attorney to Sue Hospital
There are many ways a patient can sustain a preventable injury or suffer long-term health issues because of hospital negligence. From a study conducted by Johns Hopkins University, medical error is now considered the third leading cause of death. For example, poor hiring practices or a lack of training can lead to issues where unqualified or under-qualified healthcare workers deal with patients or handle health issues and illnesses that they do not have the skills, training, or required knowledge to manage.
Botched Medical Procedure
If a botched medical procedure, a diagnosis error, a testing error, or errors involving the administration of drugs lead to injuries that should not have occurred, you may be able to sue a hospital for pain and suffering. You may also be able to sue for any additional healthcare costs or treatment expenses you are forced to cover, including payments for medications, therapy, and rehabilitation. Any income you lose by being unable to work and incidental expenses, such as childcare or eldercare expenses, can also be included.
Similar damages can be sought in cases involving discrimination in hiring and issues pertaining to doctor-patient confidentiality. Breaches in trust, unfair hiring practices, patient injuries, doctor incompetence, and administrative errors are just some of the leading reasons behind the many hospital lawsuit settlements we see today.
Damages and Injuries
If a doctor or another healthcare professional injured you, you may be able to sue the hospital for pain and suffering. These are non-economic or intangible costs. You can also sue for the following economic costs:
- Lost income or lower-earning capacity
- Medical care costs
- Diagnostic test and surgery costs
- Assistive device costs
- Therapy and rehabilitation costs
Hospital lawsuit settlements are typically negotiated based on the extent of damages suffered by the victim and the duration for which he or she is expected to suffer those damages. A multiplier is often used to determine the value of your claim. This figure is multiplied by the total value of all care and treatment costs and other quantifiable losses to arrive at a number for your hospital lawsuit settlement.
Seeking Assistance to Suing a Hospital
A Fort Myers personal injury lawyer may be able to assist you with cases involving hospital negligence. An attorney may also be able to help if you want to sue a hospital for pain and suffering. An attorney can help by:
- Identifying the at-fault party responsible for your injuries and damages. This party may be a doctor, a nurse, a hospital administrator, or the hospital itself.
- Quantifying the value of your losses and damages.
- Putting together a claim with all the required documentation.
- Obtaining the testimony of a medical professional or an injury assessment expert in support of your claim.
- Ensuring that you meet all statutory and administrative deadlines.
- Negotiating a settlement with the at-fault parties on your behalf.
She Contacted a Lawyers to sue a hospital for Medical Malpractice
Her attorneys obtained her daughter’s medical records and a doctor reviewed them and cited that the baby suffered a “premature and preventable death” from necrotizing enterocolitis that occurred as a “direct result” of “deviations from the accepted standards of care.
Danielle Bellerose filed a lawsuit against six of the doctors and nurses who had treated her daughter. Danielle later said, “If someone had just talked to me, none of this ever would have happened,” but the silence from the doctors and nurses not only propelled her to sue, but the lack of remorse fueled her passion for justice on behalf of her daughter. The Bellerose family was awarded the largest malpractice award in the state that year.
Another attorney agreed that sometimes patients just want to be heard and acknowledged. His plaintiff had suffered a major infection after abdominal surgery and communication between her and her doctor came to halt during the six years between the surgery and the trial. After listening to her doctors’ testimony in court she realized he’d done his best. After winning the case, she told her surgeon that, “If I’d known everything I know now, I would never have sued you.”
After Hospital Quickly Offers Reasonable Cash Settlements
The sued physician took her words to heart and as executive director for clinical safety at a major teaching hospital, he has revised the hospital’s medical liability program. Now, claims are reviewed by impartial medical providers and in cases where a mistake caused harm, doctors are encouraged to apologize face to face, and the hospital quickly offers reasonable cash settlements.
His results have been good. In the old malpractice system — one that doctors and lawyers call “deny and defend” — parties on both sides of a case would immediately gear themselves for an ugly courtroom battle. In this physician’s new system, five impartial doctors reviewed a recent possible malpractice case file and concluded her physician had made a mistake. Within three months, the patient and doctors talked to each other during a heart-felt two-hour meeting. The doctors explained the situation and assured the patient she was now cured and her lawyer said his role during the process changed from “warrior to counselor.” The patient turned to her lawyer and told him that she felt so good after that meeting that she didn’t care if she got a dime.
Why the change of heart? She said, “I felt like I had finally been heard. I can’t even describe how euphoric I felt when I left that meeting.”
If you or a loved one have been a victim of medical malpractice, contact our attorneys to discuss your case.
Contact Our Lawyer to sue hospital or Doctor in the USA:
If you or someone you love has been injured by a doctor or medical professional, then you must take some initial steps to ensure you can get results. Contact an attorney to know how to sue a doctor No one wants this to happen to them, but if it does, it is also important something happens to ensure that it will not happen to someone else later on. It is also important you or your loved one receives compensation for your injury. If you feel you have been injured by a doctor, then contact the Law Offices of Wolf & Pravato to schedule a consultation and learn more about your rights.
Medical Malpractice Questions
How do you sue a doctor for emotional distress?
Filing a tort claim is generally the first step in suing a doctor for your emotional distress. These claims can be based on several legal standards, including negligence. The doctor or other liable party can agree to settle. If they do not settle your tort claim, your lawyer from our legal team will then file a lawsuit.
How do you sue a doctor for pain and suffering?
The process for suing a doctor for pain and suffering is the same as suing a doctor for emotional distress. Your lawyer from our firm will determine the value of your pain and suffering. Then, they will file a tort claim on your behalf. If the doctor or hospital does not settle your claim, your lawyer will move to litigation by filing your lawsuit.
Can I sue my doctor for not helping me?
You can sue your doctor for not helping you. You can sue if:
- Your doctor should have cared for you in a certain way
- They did not give you that care
- You suffered harm as a consequence
A lawyer from our team can review your specific circumstances and confirm that you are a medical malpractice victim.
Can you sue a doctor for lying?
You may be able to sue a doctor for lying. This may qualify as failure to diagnose or another specific type of malpractice. Lying to a patient may violate a doctor’s duty of care, which means they are negligent. Negligence is a legal standard for suing a doctor or hospital.
What to do when your doctor is negligent?
A lawyer from our team can tell you what to do when your doctor is negligent. One option is to file a tort claim. If the doctor or hospital does not settle the tort claim, your next option is to file a lawsuit. A lawsuit may result in a settlement or favorable judgment for you.
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