Whether you are suing for misdiagnosis, wrongful death, or medical malpractice, there are certain steps to follow to ensure you get the justice and compensation you deserve. In each instance, these matters are time sensitive, so it is crucial that you contact an experienced attorney right away.
How Do I Sue a Hospital for Malpractice?
Suing a hospital for medical malpractice is a multi-step process. It can be overwhelming, and even impossible, without a certain level of expertise in the field. The following are necessary considerations when filing a suit for medical malpractice:
- There are certain rules which govern filing a medical malpractice claim. These include a requirement for a certificate of merit, and more.
- Patient’s typically do not have easy access to all of their medical records. It is important to know how to obtain all of the necessary medical records for your case.
- Medical malpractice lawsuits are settled with the help of medical experts who testify in court. It is necessary to know how to hire qualified medical experts to prove that you were a victim of malpractice.
- There are many damages that you may be eligible to be compensated for by law. You have to be able to correctly calculate your damages to ensure you get the compensation you deserve.
What Can I Do if a Hospital is Misdiagnosing Me?
People are misdiagnosed every day, and the results can range from mild to fatal. If you have been misdiagnosed by a hospital, it is important to understand your rights as a patient. Misdiagnosis is a form of medical negligence, and is often the result of preventable mistakes made by medical professionals. To file suit, your attorney must prove negligence and harm on your behalf. Proving these claims is a complex process that takes a team of professionals. If a hospital is misdiagnosing you, we recommend consulting with an experienced malpractice attorney as soon as possible.
How Do I Sue a Hospital for Wrong Diagnosis?
A wrong diagnosis is draining of your time, money, and health, and the responsible party should be held accountable. It can be difficult to prove cases of wrong diagnosis without appropriate legal assistance, as you will be going up against experienced defense lawyers. As such, we recommend contacting a medical malpractice lawyer as soon as you suspect misdiagnosis. When suing the hospital responsible for your misdiagnosis, your attorney will take several factors into account. A few of them are as follows:
- Past and Future Medical Bills: How much you have invested in unnecessary past treatment, and how much you will pay for future treatment
- Past and Future Lost Wages: How much income was lost due to misdiagnosis, and future income loss during treatment
- Non-Economic Damages: How much you are owed for quality of life changes
- Pain and Suffering: Payment for any pain and suffering as a result of misdiagnosis
There are many rules and laws to be aware of when calculating your damages after misdiagnosis. In order to receive the best possible outcome, it is necessary that you have your medical records carefully analyzed by both medical and legal professionals.
How Do I Sue a Hospital for Wrongful Death?
In the event that a loved one dies a wrongful death, it is important to act quickly to ensure adequate compensation for your loss. In Pennsylvania, a wrongful death suit must be filed by the personal representative of the victim’s estate, as outlined by their will. If the deceased did not leave a will, then the representative may be appointed by the court. In either case, the suit is filed on behalf of the deceased’s beneficiaries. In Pennsylvania, beneficiaries include the spouse, children, and parents of the victim. The beneficiaries may be entitled to damages such as:
- Hospital and medical expenses
- Funeral and burial expenses
- Lost wages and benefits
- Estate administration expenses
- Compensation for pain and suffering
How Long Do You Have to Sue a Hospital?
Many states have different time requirements regarding how long you have to file suit against a hospital. These restrictions are called the statute of limitations. In Pennsylvania, the statute of limitations is generally two years after the date that the injury is discovered. There are some special instances in which the time can be extended. These include:
- The Minor’s Tolling Statute: This exception allows for extended time if the patient is under 18 at the time of injury. The two-year statute begins when the minor comes of age.
- Discovery Rule: Sometimes an injury is not apparent until a few years after it occurs. In these cases, the two-year statute of limitations does not begin until the injury should have been reasonably discovered.
There is No Time to Wait
Suing a hospital can get messy, and it requires both legal and medical expertise. Do not let that deter you from acting. At Ross Feller Casey, we have an experienced team of lawyers and physicians right on staff that have an unmatched record of legal victories in cases involving medical malpractice and wrongful death. The firm operates on a contingency basis, so there will not be any fees until a recovery is made in your case.