QUESTION

Can I sue the hospital for neglect and win the case?

Asked on Jan 16th, 2014 on Personal Injury - New York
More details to this question:
For the past 6 months, I have been feeling weak and tired. I have also been seen in the ER a few times and at least one of the times I came in for extreme fatigue and tiredness. I even informed one of the nurses that I feel as if I may have cancer. Now it presumes I may have arthritis, but because the doctors neglected to have completed all possible lab work to verify my illness I was forced to suffer for a period of time until final diagnosis with a provider at a health center on my college campus.
Report Abuse

7 ANSWERS

Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answered on Jan 20th, 2014 at 3:45 PM

Report Abuse
James Eugene Hasser
It takes a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answered on Jan 20th, 2014 at 9:57 AM

Report Abuse
Ronald A. Steinberg
You must find an expert to testify that the hospital failed to do something, or did something it should not have done, which was a direct cause of some harm to you. In other words, any of your problems must be due either to the hospital's negligence, or to the delay in getting the proper care.
Answered on Jan 20th, 2014 at 9:51 AM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
I doubt very much that you have a case. If the doctors went through their normal procedures in treating you, then you have no case. Besides, how have you been damaged? Are you still weak? Is the medicine helping or do you still have problems. If you still have problems, an earlier diagnosis would not help. If the medicine is working, then you have just 4 or 5 months that would be very difficult to prove and quantify your damages. It would not be worth the time and money to try and recover.
Answered on Jan 20th, 2014 at 9:51 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Sorry you are struggling with health issues but it doesn't sound like a malpractice case to me. Ask a doctor for his opinion.
Answered on Jan 20th, 2014 at 9:34 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
No, you are not describing anything that comes near a malpractice claim.
Answered on Jan 20th, 2014 at 9:32 AM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
The polite answer is NO. In order to sue a health care provider, you need to have a "similar health care provider" render an opinion that the original doctor deviated from the standard of care. Bringing a medical malpractice claim is extremely difficult to do, and most personal injury lawyers (med mal is a sub-specialty of personal injury) won't even attempt to do it unless they have experience in that area of the law. The ones who do it realize it will require a huge investment in time and money, and as such will not undertake such a case unless the damages are substantial, and from what you describe, your damages are not substantial, hence my saying "the polite answer is NO".
Answered on Jan 20th, 2014 at 9:32 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters