If I had surgery 2 years ago to fix a chronic issue in my shoulder and to eliminate pain from the issue but I’m now in a worse condition than when I started, how do I go about filing a lawsuit
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If I had surgery 2 years ago to fix a chronic issue in my shoulder and to eliminate pain from the issue but I’m now in a worse condition than when I started, how do I go about filing a lawsuit
I learned today that nothing can be done to fix what my previous surgeon did. I now live in another state. How should I go about filing a lawsuit against a doctor?
Asked on October 15, 2015 under Malpractice Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm. Your malpractice claim filed with the doctor's malpractice insurance carrier should include your medical bills, medical reports and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your medical condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the doctor's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the doctor.
If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
A lawsuit can be filed in the state where the plaintiff resides or in the state where the defendant resides or in the state where the claim arose. You are the plaintiff and the doctor is the defendant.
Although it would be convenient for court appearances and filing documents, etc., for you to file your lawsuit in the state where you currently reside, if the statute of limitations is approaching, it would be preferable to file your lawsuit in the state where the doctor is located. Select the state with the longer statute of limitations for filing your lawsuit if the statute of limitations is rapidly approaching to avoid losing your rights forever in the matter if the statute of limitations expires.
In addition, if the statute of limitations is rapidly approaching, file the lawsuit to preserve your rights while pursuing a settlement with the malpractice insurance carrier.
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