Can I sue the hospital if my entire face has been swollen for over a year since February 2013? 6 Answers as of May 09, 2014Initially, I have been taken to the hospital ER by my sergeant and they gave me 2 types of antibiotics and released me the same day. My face in a period of a week swelled more to the point where even my girlfriend couldn't recognize me. I went to another hospital after that and have been hospitalized for a week where they have done CAT scans, x-rays, blood tests every morning, and two biopsies. They had different specialists on me infectious disease, internal medicine, dermatologist, and etc. They couldn't diagnose me with anything so they said there was nothing they could do for me and released me. I felt no hope so I signed the papers and walked out. Not too long after, my condition didn't get better so I went back and I was hospitalized again but even after that same results. I figured it would go away but even after a year I see no improvement.
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
If you can find a doctor who will testify that the hospital CAUSED your problem, or that the hospital FAILED TO PROPERLY TREAT your problem, then you can sue. A bad result does NOT prove a malpractice case.
Answer Applies to: Michigan
Law Ofices of Edwin K. Niles | 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. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answer Applies to: California
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You obviously have a serious problem that no one can diagnose. there are some problems in this world with no answers .why would you sue a hospital if they cant find anything wrong with you??? why don't you hire a private doctor and a specialist and stop using the ER as your private physician? ER's are for emergencies not regular medical care and follow up.
Answer Applies to: North Carolina
Andrew T. Velonis, P.C. | Andrew Velonis
I think it sounds trite and disingenous when a lawyer starts off a reply with "I'm so sorry to hear of your situation." But you describe an ordeal which really does merit our sympathy. That being said, much more would be needed in order to establish a medical malpractice case. In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. In your situation, it really does sound like they are doing their best to find out what's wrong with you so that you can get effective treatment: you describe numerous tests and specialists, and that sounds like what they should be doing. Medical science is not perfect, so it would your condition is one which competent professionals have simply not been able to achieve success. If you finally do find someone who is able to diagnose you correctly and treat you effectively, then the question will be whether the previous doctors missed something. Is there some ongoing medical program you can get into, as opposed to the ER when it gets really bad?
Answer Applies to: New York