Can I charge a doctor for negligence? 33 Answers as of February 17, 2012

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.

It may be possible. However, before you can file a formal lawsuit, you must have an opinion by another doctor (preferably in the same field) who has determined that there was negligence.

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.

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.

I'm sorry to hear that your father passed away. Civil actions for negligence in providing health care are governed by RCW 7.70. (http://apps.leg.wa.gov/RCW/default.aspx?cite=7.70). The main question is usually whether the health care provider failed to follow the accepted standards of care in his or her field. In order to answer that question, it is legally necessary to have the expert testimony of a different health care provider.

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.

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

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.

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.

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.

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.

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

I'm sorry for your loss. A much more detailed analysis is required. A bad outcome does not necessarily mean the doctor was negligent. If you suspect the doctor was negligent, you should order all medical records and take them to a medical malpractice attorney for review.

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.

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.

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.

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.

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

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.

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

Maybe, but not based on what you said here. Need to establish at a minimum that doctor was negligent. Not something that can be assumed just because yur father died during a procedure.

Yes. You may present a claim against the doctor for medical malpractice, provided that your father passed away or sustained damages that were proximately caused by the malpractice. In order to file a lawsuit in such a case, a doctor who is knowledgeable in the relevant issues involved in the lawsuit, who practices or has practiced within the last 5 years, or teaches or has taught within the last 5 years in the same area of healthcare that is at issue, has reviewed the relevant records and opines that to a degree of medical certainty, the care provided by the doctor fell below the minimum standard of care and constituted negligence. Additionally, the reviewing doctor must opine that there is a reasonable and meritorious basis for filing the lawsuit.