Can I charge a doctor for negligence?

Question

Recently my father passed away during a simple hernia removal. Can I charge the doctor for negligence?

Thomas Bulman · Answer

Depends on what caused the death.

Steven D. Dunnings · Answer

What proof do you have and is there another Doctor who agrees there was negligence?

Steven Fairlie · Answer

Yes, but you should consult with a lawyer first with the details.

Donald Broad · Answer

Medical malpractice lawsuits are difficult to pursue.  You will need to find at least one doctor who is willing to testify that the surgeon who operated on your father was negligent in some way (that his care of your father fell below the standard of care applicable to his case).  I suggest you consult with a medical malpractice attorney in your area to find out if the specific facts of your case are sufficient to pursue a medical malpractice claim.

Josh Lamborn · Answer

You can file a lawsuit for medical malpractice.  You should consult with an attorney who specializes in this very complex area of law.  Not only are these cases hyper-technical, they are also very expensive to litigate.

Mark Leonardo · Answer

Sorry for your loss.  With any surgery there is always the risk of death.  To be able to sue, you need an expert in that field of medicine to opine that the defendant doctor acted below the standard of care to cause your father’s death.  Get yourself a malpractice attorney who can get the records reviewed to see what happened and let you know if he or she thinks you have a valid claim.

Tim Jones · Answer

Potentially.  To state a claim, an injured party is required to prove the medical provider violated the standard of care and that the violation caused the injury or death.

Andrew Velonis · Answer

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call.  So, you will have to prove specifically what it was that the doctor did wrong and that it caused your father's death.

James Kelaher · Answer

You would have to get all of the medical records and only after finding another "similar health care provider" to sign an affidavit saying the surgeon deviated from the standard of care can you bring a claim.

Paul Whitfield · Answer

You can if you find another surgeon who thinks the medical standard was breached. There are no guarantees with doctors and surgery. Sometimes people die. From heart attack, stroke, anesthesia, shock to the system. You have to prove fault before you can sue.

Richard Lowell · Answer

In order to make a valid negligence claim against a doctor, you must prove a number of things.  The most complicated and difficult proof  is to prove that the doctor failed to meet the standard of care during the surgery  and that the doctor's failure was the proximate cause of your father's passing. In order to establish these, you must have a qualified physician, familiar with hernia removal surgeries, who is willing to testify against the surgeon and establish those elements.  So the answer is yes, you can probably bring a claim against the doctor. If you have the qualified physician expert witness who will support that claim.

Jared Altman · Answer

Yes. It would be better if you know cause of death and if an autopsy was performed.

Ronald Lowry · Answer

It does sound fishy that a person would die from a simple hernia repair. Evaluation of potential medical malpractice cases is a complicated thing requiring analysis of medical records, first by the lawyer, then by a doctor acting as an expert. Usually the patient or the family are completely in the dark about what happened when a surgery goes bad except for what the doctor tells them. The only way to tell what really happened is to have an attorney who knows about medical malpractice cases review everything.

Kenneth Wincorn · Answer

This depends on the cause of death and other factors. You will need to have a doctor state that there was malpractice. These cases are difficult and expensive.

Michael Bodey · Answer

A review of all of your father's medical records including past medical records will have to be examined by experts to determine or ascertain whether or not there has been substandard care provided by health care providers.  Further, that substandard care must be a proximate cause to your father's death.  Medical malpractice claims are very difficult to demonstrate and thus a full review and investigation must be conducted prior to anyone being able to answer this question accurately.

Irving Blank · Answer

Only if you have a Dr. in the same specialty state in writing that there was negligence and explain what constituted the negligence.

David Ayer · Answer

You may be able to sue the doctor for malpractice if it can be shown there was a breach of the standard of medical care which was the cause of your father's death. Medical malpractice is a complicated area of law. You should consult with a medical malpractice attorney.

Francis Paul Hajek · Answer

Medical malpractice questions are not easily answered unless a lot of facts are provided.  There has to be a breach of the standard of care in order to have a case.  You will need a complete copy of all medical records.  I would highly recommend that you schedule an appointment with an experienced injury attorney to go over the potential case.

Russell Gray · Answer

If you can show that the doctor violated the standard of care, you might  have a viable case.  This type of case is very difficult and  complicated, you should find a medical malpractice attorney to represent  you.

Kevin Habberfield · Answer

Any attorney would need more information to answer this. You need to show a departure from the standard of care in this instance. You need to go see a medical malpractice attorney and typically have 2.5 years to do so.

Linda Chalat · Answer

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record.  To pursue a medical malpractice lawsuit, you would need to obtain the expert opinion from a surgeon clearly stating that it was below the medical standard of care for your father's surgeon to perform the procedure in the manner that he did.  That expert opinion would be based upon your medical records and the expert opinion would be the basis for your claim.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  However, to determine whether you have a strong claim would begin with examining your father's medical records and then retaining an expert to review the file and offer an opinion.  To obtain a medical expert opinion typically costs between $500 to $2,500 depending upon the size of the relevant medical records.  Once you have an expert opinion, then the risk of a lawsuit can be better determined and you can make an informed decision about what would be in your best interests.  You do have a couple of different options other than filing a lawsuit.   If you decide against a lawsuit, then I would recommend reporting the negligent care to the Colorado Board of Medical Examiners: http://www.dora.state.co.us/medical/complaints.htm The website is very consumer friendly and the complaint can be completed online.  A second option would be to describe your experience on www.healthgrades.com - this is becoming a very powerful tool for consumers searching for competent and caring health care professionals.  Just search for your doctor's name and then enter a review of the care you received.  Please keep in mind that, if you wish to file a lawsuit, you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.

Steven Shaw · Answer

Only if the doctor did something that a doctor should know not to do, and if what the doctor did wrong was the thing that caused your father's death.  So sorry for your loss.

Neil Kerstein · Answer

You should collect all of your father's medical records and bring them to an attorney for evaluation. If there is negligence on the part of the medical provider, you have three (3) years to file suit.

Robert Lucky · Answer

There are many different elements to a medical malpractice case. I cannot possibly imagine how difficult this time has been for you and your family. However, simply because your father passed away during the hernia surgery does not mean that medical malpractice was committed. You should obtain your father's medical records from all treating doctors and from the surgery. Once you have the records, make an appointment to sit down with an attorney to review to see if you have a case or not. Please note that you have one year from the date of the alleged malpractice to file a claim

Bernard Huff · Answer

Consult with a plaintiff's medical malpractice lawyer for specific legal advice and direction.

Thomas Patton · Answer

It sounds like you may have a medical malpractice case against the doctor or hospital. It will depend upon whether the "standard of care" was violated.

Vincent Bernabei · Answer

A doctor may have been negligent and caused your father's death.  You should get a certified copy of your father's death certificate and copies of the doctor's records re: the operation, and contact an attorney.

Timothy Klisz · Answer

If the doctor committed malpractice, defined as not living up to the  standard of care for similar doctors in the area he practices.

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