QUESTION
Can I sue the hospital for neglect or malpractice?
Asked on May 09th, 2013 on Personal Injury - Michigan
More details to this question:
I was in an accident when a tree branch fell and went though the car's windshield and hit me on my left side. I was rushed to a hospital where they had surgery on me to check to see what was wrong and to clean the wound. Three years later, I went to the ER because I had a lump (abscess) and had surgery causing me pain and loss of sleep. They found something. It is still being tested to find out exactly what it is but could I sue them for not taking it out when the injury happened 3 years ago?
11 ANSWERS
Litigation Attorney serving Jackson, MS
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Derek L. Hall, PLLC
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Maybe. In Mississippi, in order to sue for and prove medical negligence, you have to retain an expert witness who is qualified to testify in the area in which you allege the malpractice occurred, i.e. emergency medical specialist, then you and your lawyer and expert would have to show that the physician, hospital, nurse, etc. treated you below the level of care that a reasonably prudent physician would have done.
Answered on May 14th, 2013 at 6:30 AM
You need to wait to see what it is and if it is related to the original injury.
Answered on May 14th, 2013 at 5:22 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only if you can find another ER doctor to say that the original ER doctor failed to meet the standard of care.
Answered on May 10th, 2013 at 5:58 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Since you don't know what it is, so there's no telling if it was due to any lack of due care. Moreover, the statute of limitations for medical malpractice in NY is 30 months, so you are well past that.
Answered on May 10th, 2013 at 5:56 AM
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Medical malpractice cases are very difficult to prove. There are not very many of them that get filed because of the difficulty of proving a case, the great amount of time required, and the expense involved in pursuing such a case. An issue with your potential claim is the statute of limitations for medical malpractice cases in Wisconsin. The general statute of limitations is three years from the date of injury. That time period can be expanded to one year from the date of discovery if the patient does not discover his injury until later than the injury actually occurred. From your description of the events, I would say the latest you can file a case would be one year from the date you learned that something had not been removed at the time of your initial treatment. To prove a case, you would have to prove, to a reasonable certainty, that the doctors who saw you at the hospital after your accident failed to exercise reasonable care when they failed to remove everything they should have removed. I don't know whether you will be able to prove medical negligence. You will have to hire a lawyer who will send copies of all the medical records and imaging to a doctor in the appropriate specialty to determine whether the care you received was negligent or not. Because there are not many lawyers who do medical malpractice work in Wisconsin, you should probably start looking for a lawyer as soon as possible. The one year from the date of discovery deadline will come sooner than you think.
Answered on May 10th, 2013 at 5:54 AM
James Eugene Hasser
In Alabama, if you find out it's the branch, you have 6 months to sue, but that can't be more than 4 years after the date they missed it. Good luck.
Answered on May 10th, 2013 at 5:53 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You don't know if it was there 3 years ago, do you? Maybe, but you need to consult with your doctor and look at the x-rays from the original accident. If it doesn't show up, then there is likely no case.
Answered on May 10th, 2013 at 5:52 AM
Ronald A. Steinberg
If the hospital left some part of the tree or the windshield in your body, and if a competent doctor will testify that the object should have been removed at the time of the original surgery, then you can sue. You will have to move quickly, because generally there is a Statute of Limitations restricting the time you have in which to sue. Usually, there is a provision that allows the time to be extended in the event that the "malpractice" is not discovered until later.
Answered on May 10th, 2013 at 5:50 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps, see an attorney with the details after you know all of the facts.
Answered on May 10th, 2013 at 5:49 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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What is the "it" stuff all about. If there is a piece of an instrument left in you you may have a claim, although instruments breaking occurs right frequently.
Answered on May 10th, 2013 at 5:01 AM
John Hone
In Michigan, there are statutes of limitations that apply to cases. In a medical malpractice case, the SOL is generally 2 years. However, there is also a 6 month discovery rule. You would have to bring a claim within 6 months of the discovery of "possible" malpractice.
Answered on May 10th, 2013 at 4:38 AM