Can I sue the doctor who circumcised my son if he didn’t do it correctly and now my son right has been having problems and needs surgery to fix it?
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Can I sue the doctor who circumcised my son if he didn’t do it correctly and now my son right has been having problems and needs surgery to fix it?
Asked on July 9, 2019 under Malpractice Law, Arizona
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier. Your son's claim should include the medical bills and medical reports.
Compensation for the medical bills is straight reimbursement. The medical reports document your son's treatment and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
If the case is settled with the malpractice insurance company, no lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the doctor. You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.
If the case is not settled, the lawsuit must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights in the matter forever.
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