Does my Case Qualify as Medical Malpractice?
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Does my Case Qualify as Medical Malpractice?
On 8/13/18, I received an lumbar puncture and everything went fine. However, the next day, my back pain was so severe that I could barely walk, so I went to the ER primarily for back pain. The PA who was assigned to me in the ED asked me if I had a headache and asked me to rate my pain on a scale of 1-10. I told him,
Asked on August 23, 2019 under Malpractice Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Medical malpractice is negligence. Your claim would be filed against the hospital and the doctor, who employed the PA.
Obtain your medical bills and medical reports from the hospital and your primary care doctor. If applicable, also obtain documentation of wage loss. Your claim filed with the malpractice insurance carriers for the PA's employing doctor and hospital should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your condition and treatment and are 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 both malpractice insurance carriers, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject them and file a lawsuit for negligence naming the PA, employing doctor, and hospital as defendants.
If the case is settled with the malpractice insurance carrier for one but not all parties, only name the parties with whom the case has not settled as defendants.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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