Understanding how to sue a hospital for negligence is no easy task, but in some cases, it is the only way to recover the losses you have suffered. If you or one of your family members feels there has been negligence that rises to the level of medical malpractice, you may be sitting with the question, can I sue a hospital for negligence? Of course, there is no simple answer to this question.
Bonner Law, located in South Florida, brings the power of 30 years of experience to help clients that have fallen victim to medical malpractice, are here to help you find answers. Get started with this helpful checklist as you contemplate whether you can sue a hospital for negligence.
Let’s start with a handy checklist of what you need to gather up before you will be able to answer the question, “Can I sue a hospital for negligence?”
- List of dates and details – What led to the hospital visit? On what date or dates did the negligence occur? What are your damages? Are your damages permanent? What details or documentation do you have to prove that it was the hospital’s fault?
- Hospital and insurance bills – It will be important for your malpractice attorney to see what your hospital visit is costing you. This list should also include deductibles from your insurance company, doctor visits, physical therapy, prescription medications, etc.
- Work-related costs – Gather up your pay stubs to prove lost wages, if applicable. You’ll also want to produce documentation if you needed to pay for rental cars or ride services because you couldn’t drive or if you missed out on tips, bonuses or overtime opportunities, due to the hospital’s negligence.
- Contact Information – To help your medical malpractice attorney answer the question, “Can I sue a hospital for negligence?”, you’ll need to provide contact information for witnesses, doctors, nurses and any other relevant participants in the potential case.
The Basics of How to Sue a Hospital for Negligence:
Outline how the hospital was negligent.
This first step is key. Many times we are not happy with the outcomes of our hospital stay, but it is not due to an act of negligence on the part of the hospital. When asking can I sue a hospital for negligence, the first step is to define how exactly they were negligent.
Medical malpractice can be defined as when a medical practitioner or representative of the hospital staff negligently deviates from a reasonable standard of care. The deviation results in an injury to the patient. It is important during this step of learning how to sue a hospital for negligence that you determine that a few key elements exist, such as:
- The hospital or its representative breached or did not satisfy their duty of care to the patient.
- The patient’s injuries can be shown to be caused by this breach and are recognizable as laid out by the court.
Understand the statute of limitations.
One of the most important things to know when learning how to sue a hospital for negligence is the statute of limitations for Florida medical malpractice cases. In some cases, if you’ve waited too long, you won’t be able to sue. Working with an experienced and knowledgeable Florida medical malpractice attorney is essential to determining if your incident falls inside the timeframe parameters as set by the state.
Seek out a qualified medical malpractice attorney.
Your choice of medical malpractice attorney is also a critical step to understanding how to sue a hospital for negligence. An experienced attorney will know how to deal with the hospital and the insurance companies to work on your behalf to get you the compensation you deserve. While it may be possible to undertake it on your own, it is not advisable. Finding an experienced malpractice attorney in the Miami area may include the following steps:
- Asking friends and family for referrals.
- Googling top medical malpractice attorneys in your area.
- Reading Google reviews and testimonials on your prospective attorney’s website.
- Researching the track record of the attorney as well as years in practice to show both experience and success rates.
Identify your damages.
Your medical malpractice attorney will also work closely with you on how to sue a hospital for negligence including calculating the amount of damages owed to you. This figure may include the following:
- Medical expenses
- Ongoing care
- Loss of wages
- Pain and suffering
Your Florida medical malpractice attorney should be knowledgeable as to the limitations and caps on damages that can be claimed as related to your unique case.
Once you’ve reviewed the beginning steps on how to sue a hospital for negligence with Bonner Law by your side, you’ll be ready to fight for the compensation you deserve. At Bonner Law, we have 30 years of experience ready to put to work for you. Michael P. Bonner understands what it takes to navigate the Florida legal system and is standing by to provide a free consultation to get the whole process started.