QUESTION
How do I know if have a legal case for medical negligence?
Asked on Dec 10th, 2014 on Personal Injury - South Carolina
More details to this question:
My husband had small cell lung cancer. Sometimes his sodium and magnesium levels would drop and require hospitalization. When this happens, he would not be in his right mind, fall risk, etc. During one stay, he fell and broke his hip which was not discovered until 5 days later when he was released and I took him to a different hospital where he had to undergo a complete hip replacement. He never walked on his own again and his doctor claimed to not know anything about it, even after I kept asking them to X-Ray him. He passed away 2 months later.
1 ANSWER
How do you ascertain whether or not you have a legal case for medical negligence? Answer: You will need to speak with an attorney. The attorney will compile details about your husband's situation from the moment his illness became apparent and through his death. The attorney will also collect and catalog his medical records detailing his treatment. Once everything has been compiled, the material will be provided to an expert medical professional for review. The expert medical professional will prepare a report or an affidavit which reports the opinion of the expert medical professional. If the affidavit offers the opinion that the treating physician committed medical negligence or medical malpractice, then your attorney can file suit. If the report offers the opinion that the treating physician did not commit medical negligence or medical malpractice, then your attorney cannot file suit. Your attorney can consult another expert medical professional for a second opinion. Ultimately, your attorney will need to make a determination as to whether or not to prosecute the suit - but, in any case, your attorney will need an opinion from an expert medical professional that the treating physician committed medical negligence or medical malpractice. This entire procedure is expensive and is necessary BEFORE suit can be filed. This is one of the reasons that these kinds of suits medical negligence or medical malpractice - are rarely frivolous. I am sorry for your loss and send my best wishes to you!
Answered on Dec 11th, 2014 at 11:27 PM