How do I know if it’s worth pursuing legal action against a doctor?
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How do I know if it’s worth pursuing legal action against a doctor?
I had hernia repare surgery about 4 months ago. The surgeon did not repare the hernia during the procedure, however placed a mesh a few inches under it claiming that that there was a tiny hernia there. He told me after the fact that the visibly protruding lump was not a hernia at all, but diastasis. He never performed any X-ray scans on me before or after the procedure, yet claimed that he checked my ultra-sound images from when I was pregnant not very likely. The site was not marked before I went into surgery and i suspect that is the most likely reason for this mistake. I went to another clinic and got a second opinion and was told that I indeed
have a hernia and not diastatis.
Asked on July 13, 2016 under Malpractice Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 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).
If you have a medical report from the second clinic which said that you have a hernia, that in addition to a declaration from the registered nurse signed under penalty of perjury that the doctor did not follow protocol will provide evidence in support of your malpractice claim.
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 claim filed with the 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 illness/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.
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