Suing A Hospital: Before You File

Have you had a bad medical result that occurred during a hospital stay? If so, you may have a malpractice case against the facility if you can show that the hospital or its employees were negligent. Suing a hospital isn't something to be taken lightly, as the process is quite complex. The following article examines some of the basic steps you need to take before you file.

Time Limit

One of the first things you need to do is to determine the statute of limitations for filing a medical malpractice lawsuit in your state. If you file after this deadline, your case is going to be dismissed. You will always have at least one year to file, while many states will give you two years or more. A key point to keep in mind is that in a few states, the amount of time you have to file can depend on the type of injury you suffered or the date when you realized the injury had occurred.

Responsibility

Another vital step is determining whether the hospital has legal responsibility for your injury. This generally involves determining whether the medical staff responsible for your bad result were employees of the hospital or independent contractors. If they were independent contractors, the law generally holds that you must sue them individually rather than the hospital.

A few exceptions to this rule exist, however. For instance, if the hospital engages the services of a physician with known drug problems and this person gives you poor treatment, you may be able to sue the hospital as well as a doctor.

Records

You will need copies of your medical records to prepare your lawsuit. Under the law, you have the right to copies of your medical records with a few exceptions. Typically, you will need to fill out a form and then wait for your records to arrive in the mail. In most states, hospitals are required to send your records within 30 to 60 days.

Follow State Procedures

State law may require you to go through certain procedures before they will allow you to file a medical malpractice suit. One common procedure required by some states is known as a Certificate of Merit. This involves offering proof that your lawsuit is not frivolous. Other states have different requirements, so make certain you discover the relevant procedures of your state.

Medical malpractice is a complicated area of the law that almost no individual can navigate without professional help. If you believe you have a malpractice case against a hospital, contact your local medical malpractice attorneys for more information.